New York – Whereas we have become increasingly aware of incidents of the sexual and physical abuse of children in our community; and
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Whereas, there have been a number of high profile cases in which Orthodox rabbis have been indicted or convicted for child abuse or child endangerment; and
Whereas the lives and futures of many of these victims and their families are harmed in significant ways: suicide, post traumatic stress syndrome, inability to form healthy relationships, inability to develop healthy intimate relationships, etc.; and
Whereas many victims of abuse in our community still remain silent and do not come forward to accuse perpetrators or seek help for fear of stigma, personal and familial consequences, or perceived halakhic concerns; and
Whereas the Rabbinical Council of America has resolved through past resolutions its condemnation of abuse and its censure of abusers, and has affirmed, under the guidance and direction of its poskim (Rabbinic decisors,) that the prohibitions of mesirah (reporting crimes to the civil authorities) and arka’ot (adjudication in civil courts) do not apply in cases of abuse and in fact, it is halakhically obligatory to make such reports; and
Whereas reiterating this long held position can serve to provide pastoral and halakhic leadership, support, direction and affirmation to abuse survivors and their families and advocates.
Therefore, the Rabbinical Council of America resolves that
• It reaffirms its unqualified condemnation of all forms of child abuse.
• It reaffirms its halakhic position that the prohibitions of mesirah and arka’ot do not apply in cases of abuse.
• It will regularly issue on its website and to the media appropriate statements of condemnation when public attention is drawn to a case in which Jews are either victims or perpetrators of abuse.
• It will regularly evaluate the competence of its members in understanding and responding to issues of child abuse and initiate training and continuing educational opportunities for all of its members in this area every year.
• The members of the RCA address the issues of child abuse in their communities in at least one sermon, lecture or article within the next twelve months, and that contact information for local abuse services be displayed in a public place in all synagogues, schools, and Jewish community institutions serviced by its members.
About RCA:
The Rabbinical Council of America was established in 1935, to advance the cause and the voice of Torah and the rabbinic tradition by promoting the welfare, interests, and professionalism of Orthodox rabbis all around the world. more here
Baruch Hashem Yisbarach Shmo!
I was starting to lose hope in the system after hearing “Roshei Yeshiva” and “Rabbunim” declare that we should “sweep it under the carpet” and not go to the authorities or to testify in court.
It was so disturbing to me when so many ‘frum’ Jews and ‘Rabunnim’ came out in SUPPORT of a certain Rasha (Y’M’SH) when he was sentenced for this terrible crime.
This shows me that there are still some ehrliche Talmidei Chachamim around. Ashreichem Yisroel!
very nice article and well written and appropriate to condem such behavior, now let’s see the practial side of this from the RCA on what it will do to weed out such individuals who are responsible and to not allow them to live in, daven in and enjoy the perks of a frum neighborhood without any retribution of their behavior.
would the RCA please educate the Rabbonim in London UK, please, here the Rabbonim have absolutely no idea how this effects victims and family of victims, and I would go so far as to say that the Rabbonim make victims feel the lowest, and they do this in the name of halocho (so they believe)
the resolution leaves out one HUGE detail ;that according to any posek the heter of mesirah can only be made after the following procedures as with any “dinei nefashos”
a team comprised of a posek muvhak ( maybe 3) & a torah observant therapist,
& a forensic expert that can do the “interview”
verification of the facts on all sides
assessing the level of sickness in the perpetrator & the current risk factor to others
the difficult q’s ahead are
a sound intake on an abuse victim is extremly difficult even for a good therapist .(see the journals oct-nov)
when is a katan believed??
generally no “aidim”?
testimony of an isha?
one would be naive to believe
that this is not a real problem
;that all perpetrators pose an equal danger,
nor that non can be helped,
And now we know why the RCA is the lowest regarded halchick boddy in the nation just a step above young Israel
Victory number 2 for Rabbi Nochem Rosenberg, this is what he’s been saying for the past 2 years,,,and what do our rabbonim do??? they put him in Chairim, shame on those 33 Rabbonim, we should all get up and put those rabbis in chairim, unless they retrack the chairin on Rabbi rosenberg and acknowledge that he is right and deserves “RESPECT”
Number 4 – you are wrong, wrong and wrong
Baruch Hashem. It’s good to see a group of Jews stand up for basic human decency and take a stand against evil.
and a rav should still be consulted before going to authorities! in many cases it turned out the kid gave his story for some reason, and the accused turned out to be innocent. Once the accuser goes to authorities it’s very hard to recant and pull out the statements, because the accuser will be ashamed and scared to do it, and he can face consequences by the justice/prosecuters.
Besides, although oppressing those vicious child molesters is very important and of real urgency, we still have a Torah that we’re bound by it’s laws, so each case has to be dealt with separately, and be discussed with a knowledgeable rav before taking action.
Way to go. Now start doing something about drug abuse and spousal abuse
#4 has some point. It has to be confirmed before acting on instinct that the abuse did in fact take place, and confirm who the definite perp is, as not to get caught in mistaken identity, then the action has to take place.
now that the rca has voiced an opinion
do we say shehechiyanoo?
We are a religion guided by the torah and for a heter there should be a Teshuvah written to declare torah thoughts
Thank you for voicing your appropriate response to such a wide problem.
I have a relative who was molested by her brother at a young age. She wasn’t hurt necessarily but what was affected nevertheless. Her parents just swept it under the carpet and never spoke about it after wards and worse, never sent her to therapy for her trauma.
People have to realize that it’s not OK to be silent in such cases! They need to come to light and we have to help the victims live normal lives thereafter…
An earlier RCA resolution set forth the Halachic basis for the RCA position on this subject. It may be found at: http://www.rabbis.org/news/article.cfm?id=105491
A FEW POINTS PART 2
no sane person is pro molesters /no interest in “shoving under the rug”/ as a head counselor speak to the kids each yr. about the topic/B”H not an iota of this paraphilic behavior/
THE MAIN POINT was & is that a question of how to proceed when an allegation is brought, is no less a shaaloh than a “DNR or A GET. A SHAALOH CHAMURAH with enormous consequences on the one hand allowing a predator to roam is reckless & dangerous ,however the psak & treatment must be torah based . what many commentators are saying is that you don’t trust even a big posek to take allegations seriously!! if that is so we have nothing left (the fact that there were mistakes in the past does not disqualify the process)
to ROBERT & wolfish- the q of a woman testifying was under “difficult q’s ahead” not a psak or a statement ( many times they are believed)
to survivor & jimmy: you are in pain & there is much you can do to help others education ,peer support.
#40 -the psak you mentioned is in the ” nishmas avrohom” – the psak says clearly
the reasoning is “METZAER HATZIBUR” -“after derisha vechakira” the perp falls in that category -CALL POLICE ( PRECISELY THE RIGHT PSAK
Part #4
Scenario three:
One day you see a change in his demeanor in your 12 year old child. He used to be happy, outgoing excelling in class and having good communication he was able to hold an intelligent conversation with an adult. Out of the blue he is withdrawn doesn’t want to go to school, not able to look any adult in their eyes let alone hold a intelligent conversation, and most of all every day he tries to get out of going to school, even your wife notices these changes. After a few weeks your wife finally was able to convince your son to talk. And lo and behold he tells your wife that he is being molested by his Teacher (Rebbe). You know that the changes he exhibits for the last few weeks, indicates that there is a strong probability he is being molested but to make sure you decided to talk to your son and asked specific questions, to ascertain was this some type brush-up or was it irrefutable molestation. As hard it is, you ask from your son for specifics. As you are listening you know that there is no doubt that he is being molested in different ways and your son has the ability to describe the acts one by one, and you know that a 12 year old would not know how to describe the acts without participating. I am sure that in this scenario you will agree with me view that because this man is a teacher and because the severity of the act and the frequency that this teacher must be stopped now because every day he has the ability to molest other children. Every day or even every hour counts he must be stopped immediately. Every minute in the day when he is teaching he has the ability and means to molest a child.
Part # 1
It is good to see that two people form dissimilar communities could actually discus this hot button subject logically and with respect, and the amazing outcome that our views is not that far apart, on what parameters should be used by people and leadership when confronting sexual molestation in the community.
I would like to dispense with BML question, because it is really not part of the discussion on how we should deal with molester. I would agree with your argument that the plea deal doesn’t exonerate the Judge from a possible anti-smite charge, but I think it is very dangerous to lob an anti-smite charge without empirical evidence. That said let’s see if we could agree and split the differences. I believe at least we could start the dialog which leadership could eventually pick it up.
As you know, from our previous communications, I don’t like to get involved pilpuil discussions. In my view, usually pilpul (debate) is just an exercise without actually affecting the halakhic outcome. But because, this issue is intertwined secular and halakhic laws, I will make an exception to my rule, but upfront let me tell you that I don’t proclaim to be a learned person. So if I am wrong please point it out to me.
Part # 2
First let’s get to the point, and distinguish between a person who is a molester and he is engaging in the act, there is no question that you not only may go the police, but you must go to the police to save a person who is being attacked. Furthermore, if you have the ability you must step in to save the child from the molestation. From a halakhic point of view, “lo tachmod al dam reyachah”(Do not stand over your brother blood) that is a mitzvoth. Inasmuch, in the secular world a person who helps people is considered kind. In contrast the Torah sees ‘neutral’ behavior in a negative light – it is not enough to avoid harming others, rather a person must strive to help others and not doing so is considered to be a form of cruelty. Accordingly, there are a number of Mitzvot that obligate us to help our fellow in need.
Additionally, Torah law distinguishes between an overt or covert act, if the thief covertly gets into the house the outcome is different because any covert action is more dangerous, he would kill to cover his tracks. The same could be said about a molester, who would do his deed covertly and we know that in some situation albeit rare, they would kill their victims just to eliminate witnesses. So I don’t think that it is farfetched to argue, that the whole mesirah laws is not applicable when the blood of your friend is at stake and especially if the mesirah relates to a covert act. Based on this analysis there is no need to get a heter, because fundamentally sexual molestation is totally different then mesirah when a financial issue is at the heart of the mesirah. Otherwise, if you know a Jewish killer, without a doubt you must turn him in. the day people would recognize that certain molestation is akin to killing a person. That same day the leadership will follow the RCA.
Part # 3
From what I gather scenario one and two we agree totally, but had a proviso, that you would not take your son to a hospital, you are right in your community I could see some nosy-body would try to ascertain why the kid was in hospital why the police came with a forensic team. So in your situation you are 100% right. Additionally, every doctor regardless if he works in a hospital or private practice must report any potential sexual crime to the police, let alone rape, your point that this law will take away the onus from us, you are right and that is a good point. Scenario three, we have a minor disagreement, we both agree that this teacher must be removed from contact with children but you would get a heter first before you go to the police. The Vayetzaku part I don’t have an issue with but remember the description what this teacher did, remember the scenario.
“ As you are listening you know that there is no doubt that he is being molested in different ways and your son has the ability to describe the acts one by one, and you know that a 12 year old would not know how to describe the acts without participating.“
Your son was able to describe horrific different acts perpetrated on him by this teacher, as you go to your Rabbi; this teacher has the ability and the means to molest another child. Is that not your friend’s blood? I am positive that if that new victim was C’V your child, you would have killed that over the top father, who decided it is more important to go discuss this legalism, when blood could be spilled.
Part # 4 and Last Part
The only solace I could see that the police might not have enough evidence to lock the teacher up immediately, then you are actually facilitating his departure via the Rabbi which would be faster. But I wouldn’t ask for a heter, I am just informing the Rabbi and School that out of expediency and respect you are giving them a heads up. The fact is my son told me of these horrific acts which must be stopped and punished.
Scenario 4, it seems that I am more liberal in that episode and I understand that I look at it that even if there was a sexual contact between the 12 and the 15 years old kids I look at it as sexual discovery, not that I would condone it no but to make a big deal out of it is not the answer either. And going to the father or my Rabbi, I am not sure what the purpose would be, for sure in my view it would not be beneficial for the 15 year old to have his name dragged through the mud, maybe the father but nobody else.
Scenario 5, I would amend my position that I would discuss this with a Rabbi, and rely on leadership counsel.
So basically even if you don’t agree with my supposition that in molestation crimes there is no need to get a heter for mesirah because it is not applicable, overall we are very close.
The real question is how we get all the parties, to discuss these issues rationally and come up with a consensus.