Sex Offender Gets Light Sentence After Victim Refuses to Testify

Amihai Eshtamker, 47, from Eilat, was sentenced to only seven months in prison after a plea deal, despite an original indictment accusing him of raping and sexually assaulting a woman in a prostitution ring with force. The lenient plea deal was granted after the complainant returned abroad and refused to come back to Israel to testify. The indictment described a horrific ordeal of abuse and rape, with the victim's pimp calling the police. When officers arrived, the defendant continued the assault and attempted to flee. The Southern District Prosecutor's Office reached the plea agreement, under which Eshtamker will plead guilty only to charges of consuming prostitution and violating a supervision order. The Beersheba District Court handed down the sentence.

The original indictment, filed in September 2025, included charges of rape, indecent assault, battery, violating a supervision order, and obstructing a police officer. The victim had reported that Eshtamker attacked and raped her, blocked the door, and tried to escape police. During the incident, Eshtamker allegedly took the woman's phone, demanded she do as he pleased, then raped and indecently assaulted her with force, pushing her violently. The pimp called emergency services, and when police arrived, Eshtamker continued to assault the victim while officers tried to breach the apartment door, eventually requiring firefighters. He then fled to the bedroom, where officers pursued him, using a taser to apprehend him. Police found DNA and a used condom at the scene, contradicting Eshtamker's claim of no sexual contact and his assertion that he only ordered a "routine massage" and demanded his money back after a dispute over sex services.

Eshtamker, a repeat sex offender with a history of similar crimes, including sodomy and violating supervision orders, was initially sought by the prosecution for detention until the end of proceedings. However, as the trial neared, it became clear the complainant had left the country and would not return to testify. A mediation process led to the prosecution offering a double-digit prison sentence, which Eshtamker rejected. With the complainant's refusal to testify, the prosecution amended the indictment and agreed to the plea deal for the lesser charges. The agreement included a seven-month prison sentence, plus activation of a previous suspended sentence, totaling nine months. He was also fined 2,000 shekels. The judges, including Presiding Judge Yoel Edan, Yuval Livadro, and Judge Rachel Thoran, approved the plea deal.

Eshtamker's attorneys, Alexi Galfant and Eyal Lavie of the Public Defender's Office, stated that their client maintained his innocence and regretted not having a chance to prove it, but felt justice was served to some extent given the circumstances. The prosecution explained that the complainant's testimony was crucial, and without it, there was insufficient evidence. They noted her initial intention to leave briefly and her subsequent decision not to return to Israel, necessitating a re-evaluation of the case and leading to the plea deal as the best achievable outcome given the evidentiary gap.