
UPDATED BELOW:
We are all painfully aware that abuse in our communities is still a big problem. In both the Modern Orthodox community and the charedi community these cases, in the past, were handled poorly. From Lanner through Kolko the batei dinim that were set up dropped the ball and for too long these accusations went unchecked and it was not until there were exposes in the Jewish Week and New Yorker magazine that it began to unravel and the truth came out.
Since these cases and others, such as Mondrowitz, came to light there has been an increased call in both our community and the charedi community to bypass the bet din system and take the case right to the authorities. (One point that should be made is that for too many years the DA in Brooklyn, Charles Hynes has been complicit with the charedi community in keeping the problem quiet because he is afraid of losing their vote). Dov Hikind has done a good job in exposing and getting some of these cases brought to light and just last week a Bar Mitzvah teacher in Brooklyn was found guilty and sentenced to prison.
At the sentencing in that case the judge had some harsh words for our community, as reported by the Forward he said " a communal attitude that seems to impose greater opprobrium on the victims than the perpetrator.” He termed the role played by such rabbinic courts in particular “inappropriate,” saying that these courts were “incapable” of dealing with criminal matters."
Yet with all this and Beit Din failing the community in this matter, both the [RCA] and Agudah still feel that Beit Din should play a roll in abuse cases BEFORE THE AUTHORITIES ARE BROUGHT IN. Again quoting from the Forward (PLEASE SEE UPDATE BELOW). ["Sometimes, unfortunately, people make allegations which have no substance because they have an agenda,” said Rabbi Moshe Kletenik, president of the Rabbinical Council of America, the organizing body of Modern Orthodox rabbis.
He said the rabbinic courts, or beit dins, are useful because they allow “for an investigation to see if there’s substance, and if there is, it’s immediately referred” to civil authorities". ]
Dovid Zweibel from Agudah also thinks that Beit din needs to continue to play a roll "David Zwiebel, executive vice president of Agudath Israel of America, a leading umbrella group of ultra-traditional Orthodox organizations, agreed that religious courts can play a positive role in sexual-abuse cases.
“I think there are people in the community who are concerned about certain things that the secular authorities might not be concerned about,” Zweibel said. “If a child has to be removed from a family, if you are not sensitive to religious concerns of the family, they might be placed in a home setting that would not facilitate the child’s observance of religion.”
Are you kidding me? Have these people learned anything from our communities experiences over the last few years? The Beit Din method was tried and failed and now the authorities must be called in immediately. You have lost our trust and we cannot leave the lives of our children in your hands. If, G-d forbid, something like this happens in our community the authorities need to be brought in immediately. If you are concerned about children being removed from home, I like to think that the Jewish lobby is strong enough that an organization like Ohel can be brought in. Why not work something out between Ohel and the authorities so they are consulted AFTERWARDS if a child does, indeed, need to be removed from a home. It seems to me that they are going about this backwards.
At least there is still one voice of reason in the wilderness. There has been no greater advocate in our community for victim's rights other than the Mashgiach, Rabbi Blau. Time and again he has stood up for the victims I both the Lanner and other cases he has taken the side of the child (even if it was not the most popular stand to take). Rabbi Blau is once again stating the obvious, that rabbonim are not trained to handle these cases and they should be left to professionals "Therapists now [know better], but I don’t think the rabbis know much better. Rabbis are not trained to do this. This isn’t the kind of training they get in rabbinic school.”
Maybe there needs to be increased training in Rabbinical schools, but until such a time that there is training like that in place and it can be proven that it works the rabbonim should be playing no roll in abuse cases from the time they are reported through the end of the trial. One thing that was said by this judge, which is infuriating, is that of all the people who came forward to support the abuser not one person spoke to the abused
"At the sentencing earlier this month, the courtroom was filled with Weinberg’s supporters. Almost 100 members of the Orthodox community wrote letters to the judge defending him.
Judge Reichbach lamented that no letters displayed “any concern or even any acknowledgement for these young victims which, frankly, I find shameful”. Rather, the community “seeks to blame, indeed punish, victims who seek justice from... civil society”.
Until such a time that our community can come to terms with the fact that abused need rachmanus and not the molesters Rabbonim should be left out of the process.
UPDATE 2:47 pm
I recieved the following letter from a member of the RCA who reads this blog, the letter was sent to the members by Rabbi Kletenik:
October 16, 2009To the Editor of The Forward: I am writing this letter to set
the record straight and to correct any misimpressions that may arise from a
quote attributed to me in the article "Rabbis Still Want Role In Sex Abuse
Cases" by Josh Nathan-Kazis. The quote is out of context and therefore may be
totally misconstrued. In my conversation with the reporter, I emphasized that in
cases of allegations of sexual abuse "protecting the victim is of paramount
importance." I also spoke of special Batei Din or Rabbinical Courts, which exist
in some communities such as Chicago and Los Angeles, in which rabbis work
together with appropriate professionals, including psychologists, social workers
and legal counsel, who are equipped to deal with such cases. In response to a
question as to the value of such special Batei Din, I explained that they assure
that the appropriate steps be taken internally within the Jewish community, such
as immediate suspension of someone who is working at a school, until the matter
is clarified. They also follow up to assure that any steps mandated by the civil
court, such as therapy, are in fact pursued. In addition, they afford the
opportunity to investigate allegations, and if there is any hint of substance,
to immediately refer the case to appropriate government authorities.
Unfortunately, most Jewish communities do not yet have the benefit of such
special religious courts. In the absence of such a court, suspicion of abuse,
especially as related to minors, must immediately be reported to the appropriate
governmental agencies for action to protect any potential victims. This is
consistent with resolutions and policies of the Rabbinical Council of America
concerning such issues.I again emphasize that protecting potential victims is of
the utmost importance, and all necessary steps must be taken immediately. I
invite readers to visit the website of the Rabbinical Council of America at
http://www.rabbis.org/ for statements of policy concerning allegations of abuse
including clergy abuse. Rabbi Moshe Kletenik President
[Aslo see here: Orthodox Shielding Sex Abusers]
(Hat Tip UOJ & Failed Messiah)
21 comments:
Great post, I agree 100%!!!
Unfortunately this is another case in which I am somewhat disappointed with the RCA. They bungled the Rabbi David Cohen affair and they waited close to two years to sever their ties with him. Even then, they did so by disbanding the Vaad Haposkim rather than by just removing him. What a Kiddush Hashem it would have been if the RCA had publicly proclaimed that they were removing R. Cohen because his views on tax evasion and theft from gentiles are the antithesis of Orthodox Jewish ethics!
On the other hand, there are some good signs emanating from the RCA. I heard that Rabbi Kletenik is a man of outstanding integrity and I hope that his quote in the Forward was a slip of the tounge. In addition, the RCA initiative before the Yamim Noraim that encouraged Rabbonim to speak about ethics and morality should commended. It is much better than anything the Agudah did even though the overwhelming majority of frum crimes have emanated from the Agudah world.
Hi, I help run the Teaneck Baby Gemach. I saw your post on the other blog, and wanted to touch base with you. Is there an email address I can reach you at? I don't want to post there, as the post might get deleted.
you should read the excellent article in the Journal of Halacha and Contemporary Society about Child Abuse written by Dr. Steven Oppenheimer, DDS.
its well researched and very informative....
To The Law: Are you being biased?
Here is a court decision to overturn the corruption of the Livingstone Street Bais Din called tzedek u'mishpot.
http://jonathanturley.org/2009/03/29/bias-in-the-beth-din-state-court-vacates-judgment-of-religious-court-due-to-bias/
http://www.courts.state.ny.us/reporter/3dseries/2009/2009_50504.htm
I do hope you publish this scandalous behavior of a bais din hearing a case when one of the employees of one of the litigants husband works for the so called bais din and this information is NOT disclosed.
Rabbi Gestetner has actually written to the judge mentioning the judge that according to numerous halachic sources these "rabbinic judges and thugs" should be in NIDUI AL PI HALOCHAH.
I hope you have the guts to make this into a full blown post.
These are the corrupt chareidim you hate so much.
Anon I'll look into it.
Baby Gamach, my e-mail address is honestlyfrum@gmail.com
There is a myth within the Orthodox community that allegations of sexual abuse should not be discussed or adjudicated, and there have been many missteps in the past by Rabbonim and professionals within this community. This in no means invalidates the role of the Beis Din as the first line to obtain justice for victims of these and other crimes. A criminal court judge has no more training in sexual abuse than does a Rav who sits on a beis din - in all probability he has less. There is no shortage of health professionals within the orthodox community to assist and consult with the Batei Dinim in every single one of these cases. There is no shortage of organizations standing funded at the ready to provide services to victims and their families. It's time we stopped pretending that secular courts are somehow better at solving problems within the Orthodox community, and start leveraging our knowledge, our expertise, and our system of Halacha and Batein Din, to adjudicate and prosecute where we must - and refer any criminal matters to the authorities as required.
Anon,in the Kolko, Lanner, Mondrowitz and other cases the rabbonim proved time and again that they cannot be trusted with these issues and they are not equipt to handle them. Police and other authorities have a process in place to investigate these things, we should go to them before we let one more of these people out on the street. We no longer live in Europe where the Gov. is out to get us (not yet give Obama a few years) we can trust and should trust the government to handle these cases instead of risking having them mishandled by rabbonim
to anon: no.
TO THE AUTHOR -
If you dont believe in the beis din system what amkes you trust it for other issues?
Doesnt picking and choosing when to follow beis din undermine and uproot the entire system?
yes they have screwed up and things are never perfect but its not fair to just say "oh ok lets just drop the system when its not convenient for us anymore" instead of trying to improve the system
i understand the issue here happens to be possibly the most sensitive one but you cant just throw away the rabbis bc a few have made mistakes!
Also correct me if im wrong but its unfair to group modrowitz and other chareidi pedophiles when referring to the RCA batei din our community uses.
Is there ANY OTHER EXAMPLE besides lanner that affected our community vis a vi the RCA beis din system?
DB, I hear your point, however in my mind there is a difference between criminal manners such as issues dealing with pedophiles and civil monetary issues. There might be a roll for beis din to play, as Rabbi Kletnik pointed out in his e-mail but it needs to be in conjunction with law enforcement. I am in agreement with Rabbi Blau on this, Rabbonim and batei dinim are currently not equip to handle these issues. I have no info on any other case re: RCA beit din other than lanner,which all parties agreed was mishandled (I was in the beis medrash when Rabbi Willing apologized to the victims) and I would go out on a limb here and say no other cases such as that one has come across their desk, please feel free to correct me if I am wrong.
Thank you for acknowledging my point and I hear what your syaing but i guess its just because of the gravity of the issue! If there is no other case to our knowledge, why not trust the ebis din anymore on this issue? They screwed up, IM SURE they learned from mistake, and why not try again...
is it bc of severity of issue?
DB, it is because of the severity of the issue. Although some may not agree with this point, when it comes to monetary issues, if the Beit din messes up someone is out a few dollars, bad but generally not the end of the world. If they mess up in a case like this our children are put in danger. I have no problem with the beis din system (well I have a problem with some of the more corrupt ones but that is for another time), but on issues like this if there is even a chashash that they are not able to handle it they should not and not only that but it should be referred to people who are equip to handle it like the police and social workers. There might be place for beis din to assist in the process but they should not be the deciding factor or the go to people on this.
Baatei Din cannot execute search warrents. They don't have people who can test forensic evidence. Let's not pretend that we are every bit as equipped.
I have to commend Rabbi Kletenik for quickly clarifying his statements. A shame that doesn't happen more often as so much ends up in the press today.
DB -
read the article cited above and you will understand why your point isnt...
I recieved an e-mail from a reader of the blog who was in Rabbi Kolko's class. He told me that he still does not blieve that Kolko is guilty. While people still deny what he has pleaded guilty to and try to defend a man who is clearly a danger to society and our children these molestors will still roam freely in our community, and as such rabbonim cannot be involved in the process because their bias will win out everytime when it comes to defending one of their own.
Rabbi Kletenick's clarification left me confused.
He says:
"In addition, they [the special botei din] afford the
opportunity to investigate allegations, and if there is any hint of substance,
to immediately refer the case to appropriate government authorities."
Doesn't this cloud the point I thought was subject of the clafirication. Is Rabbi K's position that such issues should be taken to the police first, to the beit din first or that it depends if you live where one of these botein din is functioning?
What about the RCA's position?
again, like anon said, see the article: The Journal of Halacha
and Contemporary Society (RJJ Journal), Fall 2002, "Confronting Child Abuse."
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