Court Rejects Sex Harassment Lawsuit Over Client's Unwanted Erection During Treatment

A Tel Aviv district court has dismissed a lawsuit filed by a beautician who accused a client of sexual harassment during an intimate hair removal treatment. The beautician claimed the client experienced a sexual arousal during the procedure and allegedly told her, "Take it." The client admitted to potentially shifting a sheet covering him as a protest against not being allowed to be uncovered, but denied any malicious intent.

Presiding Judge Yossi Barkia ruled that the client's "involuntary physiological reaction," coupled with the fact that the beautician continued the treatment, did not establish the "unlawful sexual intent" required by law for a sexual harassment conviction. The judge emphasized that the mental element for a lewd act requires proof of specific intent for sexual stimulation, gratification, or degradation, not merely exposure or contact.

The beautician testified that she continued the treatment out of fear for her safety, despite shouting at the client. She reported the incident to her manager afterward. The client maintained that his reaction was beyond his control. A police complaint filed by the beautician was closed.

Judge Barkia noted that feelings of insult or the desire to display an uncontrollable bodily reaction are distinct from the intent to achieve sexual stimulation or humiliation. He also considered testimony from the salon manager and another employee, who stated that such incidents are not uncommon during intimate aesthetic treatments.

The beautician's attorney, Roni Aloni Sadovnik, expressed deep disagreement with the court's legal interpretation, stating, "We respect the court, but we deeply disagree with the legal interpretation of the ruling and will appeal to the Supreme Court." She questioned whether the law provides adequate protection for employees in such situations.

Despite dismissing the lawsuit, the judge decided not to order the beautician to pay court costs.