Roman Itskovich

A recent ruling by an Israeli court has set a profound public debate in motion. Should sexual relations in a work environment between a manager and a female subordinate be considered an offense? The court seems to think it should. I believe that such a ruling is a direct assault on basic democratic principles such as personal liberty and the freedom of choice.

The court ruling was made as an addition to the already existing Israeli law for protection against sexual harassment. According to the law, various behaviors to women are prohibited, behaviors such as continual sexual suggestion, touching and the like. In order to protect women further,it deems all relationships in a working environment as harassment. Even if the female has initiated the sexual contact in the first place, and even if she is doing it out of love to her manager.

This ruling seems to be a little presumptuous. The court has decided that it can read, or understand every situation in a work environment and restrict it. The court has also decided that women should not have the option of choosing who they want to have sex with. As I see it, this ruling undermines basic democratic rights: it deprives a person’s right to choose his sex partners freely, and deprives a woman from the right to use her body as she wills. In this piece I will deal only with the latter.

The question of a person’s right to his body is a fundamental democratic question. The most radical example of the sanctity of this principle is prostitution. In Israel, being a prostitute is not considered a felony, Because the law recognizes the basic right of a person to his body, even if used in a cynical way to earn money in a shamed profession. A prostitute can choose her partners freely, although at times they have much more control over her than a manager has on his subordinates. For example: at times when the prostitute needs the money for food. Up to this day, the Israeli legal system has found this principle to be cardinal.

Choice is the name of the game here. Choice is what this debate is all about. Should the right to choose one’s sex partners be restricted by the legal system to eliminate potential damage to the chooser? Much like relationships, driving a car is an everyday activity that can result in damage to the driver and his surroundings. Analogically, Should it also be forbidden?

Roman Itskovich