Rabbi Marc Gafni - Confessed Child Molester Becomes Board Member of "High Road For Human Rights"

The Awareness Center, Inc.

(the international Jewish Coalition Against Sexual Abuse/Assault)

P.O. Box 65273, Baltimore, MD 21209

www.theawarenesscenter.org

MEDIA ALERT - Confessed Child Molester Becomes Board Member of "High Road For Human Rights"

Marc Gafni (AKA: Mordechai Winiarz)

June 2, 2009

Over the last few years The Awareness Center has been attempting to warning the public and various rabbinic organization that confessed child molester, Rabbi Marc Gafni (AKA: Mordechai Gafni, Mordechai Winartz) has been in the process of reinventing himself.  The Awareness Center has been asking all rabbinic organizations to post public statements on their web pages denouncing this confessed sex offenders behavior.  Back in 2004, Rabbi Marc Gafni confessed to sexually abusing a thirteen-year-old girl in the state of New York. 

It has been brought to the attention of The Awareness Center,  that Rabbi Gafni has become a cherished board member of an organization called "High Road for Human Rights".  

High Road for Human Rights, state that their mission is to advocate for those who have been treated unjustly.  Unfortunately, this organization does not seem to care about the women who have been sexually violated by board members, Rabbi Marc Gafni. (https://www.highroadforhumanrights.org/aboutus.htm).  Other board members of this organization include many internationally reknown celebrities such as : Ed Asner (Actor), Harry Belafonte (Actor and Singer), Ben Cohen (co-Founder Ben and Jerry's Ice Cream), Yoko Ono (Widow of John Lennon), Eli Wiesel (writer, professor, political activist).  You can see a complete list of board members by clicking on the following link:  http://www.highroadforhumanrights.org/board/board.htm

Over the years Yeshiva University, The Rabbinical Council of America and The Alliance For Jewish Renewal (ALEPH) have dealt with Rabbi Gafni and are very much aware of the potential dangers this confessed sex offender possess, including the fact that he has once again recreated himself.  

Considering Marc Gafni's past history, we must believe that  it is only a matter of time before new victims of sex crimes emerge. The Awareness Center is demanding that Yeshiva University, The Rabbinical Council of America and The Alliance For Jewish Renewal --  make public statements denouncing this confessed serial rapists past behavior in hopes of preventing another sex crime and also assist The Awareness Center's attempts at warn both women and children to stay away from Rabbi Marc Gafni.  (See background information below)

The Awareness Center, Inc.

Vicki Polin

vickipolin@aol.com

ALEPH (Alliance for Jewish Renewal)

Debra Kolodny  - Executive Director

debraruth@mac.com

7000 Lincoln Drive #B2

Philadelphia, PA 19119-3046

215-247-9700

Orthodox Union

Rabbi Tzvi Weinreb - Executive Vice President  

execthw@ou.org

Eleven Broadway

New York, NY 10004
212-613-8264

Rabbinical Council of America

Rabbi Basil Herring - Executive Vice President

bherring@rabbis.org

Rabbi Mark Dratch -  Chair of Task Force on Rabbinic Improprieties

mdratch@jsafe.org

305 Seventh Ave., 12th Floor

New York, NY

Yeshiva University

Richard M. Joel - President

president@yu.edu

212 960 5300

Belfer Hall 1200

2945 Amsterdam Avenue

New York, NY 10033

Morry J. Weiss - Chairman of the Board of Trustees

500 West 185th Street

New York, NY 10033

___________________________________________________________________

BACKGROUND INFORMATION

September 24, 2004 -- The New York Jewish Week, "The Re-invented Rabbi" (http://theawarenesscenter.org/gafni_mordechai.html#The), in which Gafni stated: "I was a stupid kid and we were in love," "She was 14 going on 35, and I never forced her".  The 13-year-old girl called his "loving relationship" sexual assault.  (http://theawarenesscenter.org/gafni_mordechai.html#Teachings).  

"The second woman, Judy, said that when she was 16 and deeply unhappy at home, she joined a popular Orthodox outreach group for teens that Rabbi Gafni was leading called JPSY (Jewish Public School Youth), and was drawn to his charisma and concern for her.". . ."During a two-week period when she ran away from home and was staying with Rabbi Gafni, who was then 25 and married, Judy said he abused her sexually on two occasions. Even more upsetting, she said, was that afterward, the rabbi tried to convince her the encounter did not happen, and then harassed her for many months. He threatened to keep her out of Jewish schools (she was seeking to transfer from public school to a yeshiva), called her home at all hours of the night and then hung up, mailed pictures to her home of naked men, and had her followed." (http://theawarenesscenter.org/gafni_mordechai.html#If)

A woman named Susan, who at the time was a 22-year-old adviser in JPSY, said she believed Judy's account, because of what he attempted to do to her.  She said that when she took Judy's side, Rabbi Gafni made harassing phone calls and threats against her. "He told me I would regret it," Susan said, adding that the rabbi made inappropriate advances to her as well. (http://theawarenesscenter.org/gafni_mordechai.html#Susan)

2004 -- Rabbi Shlomo Riskin, spiritual leader Efrat, Israel was going to revoke the rabbinic ordination he gave Rabbi Winiarz/Gafni  many years ago when they had a close rabbi-student relationship. When Gafni heard of Rabbi Riskin's wishes, he wrote a letter "returning" his semicha to spare his former teacher any further embarrassment.

May 18, 2006 -- YNET News (Israel): "Rabbi Gafni Accused Of Sexual Assault" (http://theawarenesscenter.org/gafni_mordechai.html#sexual%20assault), Three women in their twenties file complaint with Haifa police against Rabbi Mordechai Gafni (AKA: Marc Gafni), claiming he sexually harassed them during Torah lessons, promised to marry them; Gafni meanwhile flees country to US.  

May 19, 2006 -- Forward News:  "Rabbi Fired Over Sex Claims, Defenders Offer Mea Culpa"  (http://theawarenesscenter.org/gafni_mordechai.html#Mea).   Marc Gafni issued a public apology for having "hurt people I love," and said that he would seek in-patient treatment for what he called "a sickness.". . . At least five female students and staff members have come forward to accuse Rabbi Mordechai Gafni of luring them into sexual relationships through intimidation, psychological manipulation and deception. Late last week, Gafni, an Orthodox-trained rabbi who has become a star of the New Age-style Jewish Renewal movement, was dismissed from his position as the head of Bayit Chadash, a center on the Sea of Galilee that he co-founded six years ago.

2006 -- Gafni moves from Boston, MA to Boulder, CO and then on to Salt Lake City, UT.  He becomes involved with the Buddhist community and befriends Diane Musho Hamilton, who is also on the board of "High Road for Human Rights" (http://www.eomega.org/omega/faculty/viewProfile/83aca76821e7c2b7e598576087789963/).  

July, 2008 -- It was reported that Marc Gafni married his forth wife and is the process of recreating himself and his web page.  Marc Gafni's biggest supporter is Rabbi Gershon Winkler, founder of the Walking Stick Foundation. It has been reported by that Winkler shares many of Marc Gafni's philosophies including the one on having multiple "marriage partners".  (http://www.theawarenesscenter.org/Winkler_Gershon.html).

David Mandel on the SOL Bill: Once again putting offenders and orthodox agencies before the needs of survivors of sex crimes

Please keep in mind that David Mandel is the CEO of Ohel, which is an orthodox mental health agency in Brooklyn. You can watch him on youtube telling Baltimore community members not to report suspected cases of child abuse/neglect to legal authorities.  Instead he instructs individuals to bring their suspicions to their local orthodox rabbi.  I have never met a single rabbi who has training or any form of education in evidence collection nor forensic interviewing.

Please write letters to the Jewish Times (5 Towns) regarding David Mandel's comments:

P.O. Box 690, Lawrence, NY 11559

516-984-0079

editor@5&JT.com 

 

________________________________________________

Sexual Abuse Legislation: A Proposed Strategy For ReformBy David Mandel Jewish Times Five Towns Thursday - April 30, 2009

There is legislation pending to extend the statute of limitations on reporting and prosecuting child molesters. There is general agreement this change in the law would be good. Victims of child molestation, even older adolescents, are often not ready to disclose or confront their offenders until years later. A second piece of legislation to open a “window” of one year permitting victims, even those molested decades ago, to file civil lawsuits against molesters or the institutions that employed them has drawn both strong support and strong opposition. As is often the case, victims’ advocates will favor the proposed legislation while institutional systems may oppose it. Victims’ advocates are favoring the Markey bill, which includes this window. The Catholic church and some groups representing yeshiva institutions favor the Lopez bill, which extends the statute but has no window. It is noted that Assemblyman Dov Hikind would like to work on a compromise position. Several victims who have spoken publicly of their ordeals, along with a victim advocacy group, have been prominent in pushing for the passage of the window. This advocacy is important and well intentioned. But to express it in a way that if you’re not in support of the window you’re not supporting victims of sexual abuse is misguided, as it undermines our communities’ ability to have an open, honest discussion about child abuse. The passage of such a window provision in California is often cited as a case in point by both sides, those in favor and opposed. In that instance, the legislation led to the disclosure and reporting of several hundred pedophiles in California. This was important and no doubt led to untold hundreds (and thousands) of potential victims not being molested. It also led to hundreds of lawsuits, most notably against the Catholic church, which eventually cost them hundreds of millions in settlements. It is this issue of potential lawsuits that is pitting institutions against victims’ advocates. On all other issues, there is general agreement. In a now infamous phrase, former President George W. Bush said to the world, concerning Al Qaeda and other terrorist groups, that “you’re either with us or against us.” But even he came to appreciate it was more complicated than drawing a line in the sand. People can at times be supportive of a position, but when asked to give their “all or nothing,” many defer. It is not a good way to negotiate. For this reason, Assemblyman Dov Hikind is correct in seeking a compromise. I offer the following suggestions that may be incorporated and serve the best interests of all: 1) Victims of child molestation have consistently stated they want the perpetrator to be accountable, to take responsibility and acknowledge his actions. Victims want the world to know it was the perpetrators’ fault, not their own. Victims have expressed this as an important aspect of enabling them to move on with their lives. They generally don’t speak of revenge, but of goodness and responsibility. Open a one-year window for perpetrators to disclose their acts that were committed and that exceed the criminal statute of limitations. Provide them amnesty from future civil suits. The gain here is to identify as yet unknown perpetrators and place them under a watchful eye, with required risk assessment, treatment, and some form of probation and monitoring. Those perpetrators who do not come forward would be subject to (potential) future civil claims—stated another way, a window. 2) Institutions (churches, day schools, yeshivas) are understandably concerned they will be inundated with lawsuits. The Catholic church’s exposure in California and Boston forced them to sell property and likely close some schools. Schools may be sued for acts committed by their staff that they may have been completely unaware of. That of course is not a consolation to the victim, who may understandably seek recourse. Nevertheless, the school’s financial liability may be great. If a school is found liable in even one lawsuit requiring them to pay a sum in the millions that exceeds their liability insurance, they may be forced into bankruptcy. How can a school protect itself in an insurance claim from 25 years ago or more, when insurance coverage may have been wholly different? How does that serve the best interests of their student body, parents, and community? In the end, who wins and who loses? Instead of allowing unlimited lawsuits, we can limit them to reasonable amounts. We can cap the lawsuits, for example, not to exceed a $500,000 payout, and cap the contingency fee by attorneys to 10 percent. There is a tendency by attorneys to throw out a huge number in a lawsuit, in the tens or hundreds of millions. This is what is creating a backlash against the window provision. 3) Insurance companies have generally stayed on the sidelines, not wanting to be involved in any aspect. They need to be brought in, even as unwilling partners. Many victims avoid treatment, fearing they will get a diagnosis on their insurance that will “label” them and further their stigmatization. This is true of offenders, as well; hence they may avoid seeking treatment. Further, insurance companies have in the main refused to provide coverage for treatment of sexual abuse. This is similar to the insurance industry a decade ago choosing to significantly raise liability premiums for physicians, thus effectively reducing the number of ob/gyn, anesthesiologists, and other specialists. Victims’ advocates should lobby the insurance industry to provide coverage, thus broadening the entry of professionals into this complex field of work. The lack of insurance coverage prevents many victims from obtaining good treatment. Aside from the 40 million uninsured Americans, countless people with insurance have only limited mental-health coverage. Treatment for victims of sexual abuse often requires the services of clinical professionals with specialized training and may last one or several years. Evaluation and treatment of pedophiles also requires highly specialized work and generally lasts two to three years. Inadequate insurance coverage is a serious obstacle to properly supervising child molesters who want help and thereby protecting the public. Victims’ advocates should place this in their sights. This is a critical issue, and success can be had. Advocates for infertility treatment successfully lobbied two years ago to require the insurance industry to include payment for fertility treatment. These often cost $10,000–$20,000 per course of treatment. It is common for many couples to go through multiple treatment cycles over several years. 4) Through our work over many decades at Ohel with victims, and in consultations with community groups throughout the country, the issue of a victims’ fund arises. Compensation funds exist in many local governments for crime victims. This should be expanded to include victims of sexual abuse. Such compensation would further encourage victims who come forward and offer concrete validation for their pain and suffering. Two victims now in their forties have repeatedly stated to me this is their primary interest. They, as many others, will not speak out, because of their personal shame and privacy. A victims’ fund needs to be established especially for those lacking insurance, as well as others who do not want these diagnostic categories listed in their insurance history. With an air of compromise and deliberations, it is possible that some institutional groups would consider establishing such a fund and to initiate a process of reconciliation between victims and institutions. Our work at Ohel has brought us into contact with significant numbers of victims of sexual abuse, as well as perpetrators. This is one of the most complex areas of work in the field of mental health. In the last ten years, OHEL has conducted numerous seminars in communities throughout the country on prevention and response to sexual abuse. Invariably, at every such gathering at least one individual would privately disclose their experience as a victim some ten, twenty, even thirty years earlier or more. It is fair to say that sexual abuse ranks very high on the list of secrets and memories not forgotten. Many victims have said that by listening to tapes by prominent rabbanim and community leaders speaking out on this issue and by attending such seminars they have been empowered. There are few issues in life that are black and white, even though we would like them to be. Many more are the shades of gray. These suggestions could move our system another step toward protecting our children, providing victims with renewed strength and support, and putting perpetrators on notice that with every passing day we will shut them down. David Mandel is chief executive officer of OHEL Children’s Home and Family Services in New York City. He can be contacted at dm@ohelfamily.org. Dear Ms. Markey: The Rabbinical Council of America represents more than 1,000 modern and centrist orthodox rabbis. We are the rabbinic arm of the Union of Orthodox Jewish Congregations of America. We support Bill No. A.02596, sponsored by you, which would extend the civil and criminal statutes of limitations for sex abuse victims. Child sex abuse is a horrendous crime. Victims often bear the scars for entire lifetimes. They are at higher risk for clinical depression, substance abuse, and suicide. Many victims are overcome by feelings of confusion, shame, and embarrassment. As children and teens, they are psychologically and emotionally unable to deal with the court system. Only later, as adults, and often with therapy, do they feel comfortable in working with the judicial system. Unfortunately, arbitrary statutes of limitations stand in their way. Jewish law and tradition recognize the need for our justice system to protect the most vulnerable among us. Lowering the statute of limitations bar for child sex abuse victims would serve that purpose. Sexual predators are often recidivists and need to be incarcerated, and classified as convicted sex offenders, in order to assure public safety. Sex abuse victims deserve to be fairly compensated for their grievous injuries. Your bill will assure these laudatory goals. Sincerely yours, Rabbi Basil Herring Executive Vice-President Dear Mr. Weisenberg: The Rabbinical Council of America represents more than 1,000 modern and centrist orthodox rabbis. We are the rabbinic arm of the Union of Orthodox Jewish Congregations of America. We commend you for introducing Bill No. A.06656 on March 11, 2009, together with Assembly Member Dov Hikind and 20 additional co-sponsors. This Bill, if it becomes law, will legally mandate the fingerprinting and criminal history background checks of all prospective nonpublic school employees. The RCA is strongly committed to the safety of the approximately one-half million children who attend religious and private schools in New York State, including 100,000 yeshiva school children. In 2005 and 2007, at our annual Conventions, we enacted Resolutions endorsing background checks for all school employees. The Resolutions can be viewed on our web site. We strongly support passage of Bill No. A.06656. Fingerprinting and background checks are required for all public school employees. Nonpublic school children are entitled to the same legal protection. This bill is a critical first step towards assuring the safety of nonpublic school children. We look forward to working with you and your colleagues on additional legislation that will further enhance the security of religious and private school children. Sincerely yours, Rabbi Basil Herring Executive Vice-President

Resolution Regarding Members Accused of Improprieties

Resolution Regarding Members Accused of Improprieties
Adopted by the Rabbinical Council of America - May 28, 2003

www.rabbis.org/


WHEREAS, in recent years there have been reported a number of incidents of sexual, physical and/or emotional abuse perpetrated by rabbis and teachers, including members of the Rabbinical Council of America, against members of the communities that they serve and others, adults and children, in violation of Torah law and of civil law; and

WHEREAS, failure to respond to such cases is a violation of the verse, "Thou shalt not stand idly by the blood of your neighbor" (Lev. 19:16; see Hilkhot Rotseiach 1: 14); and

WHEREAS, it is the duty of the Rabbinical Council of America to protect the integrity and welfare of the members of the community that its members serve; to serve and help its members in times of crisis; to represent to the community the best of Torah values; and to protect the dignity of Torah and Orthodox Judaism; and

WHEREAS, events of the past have proven, to our great dismay, that organizations and individuals have not always dealt with these incidents in the best possible way; and

WHEREAS, rabbis must conduct themselves in ways that are exemplary in their religious, moral and interpersonal conduct, not only because of their personal obligations that are governed by the Torah and the Halachah, but in fulfillment of the ideal of ahavat Hashem, "And you shall love the Lord your God: that the Name of Heaven be beloved because of you" (Yoma 86a)., an obligation that calls upon each Jew to conduct himself/herself in ways that reflect nobly on the Torah and God, and to refrain from any improper conduct in all areas including, but not limited to, sexual, personal, and economic behaviors; and

WHEREAS, the verse, "And you shall be guiltless before the Lord and before Israel."(Numbers 32:22) extends the concerns of conduct to mar'it ayin and heshad, suspicious behaviors, and places a higher responsibility on personal and professional conduct of all Jews, especially rabbis; and

WHEREAS, improper behavior can cause a hillul Hashem, a desecration of God's Name, a transgression that it is more difficult to atone for than for any other sin, so that not even repentance, the atonement of Yom Kippur, and personal suffering can absolve one of this offense (Yoma 86a); and

WHEREAS, the Halachah recognizes that an adam hashuv (a prominent person) is held to a standard of behavior and morality higher than that to which others are held and must refrain from any improper behavior, even if not explicitly prohibited or illegal, lest he cause a hillul Hashem, a desecration of God's Name. An adam hashuv, a well-known and well-respected person, and a talmid hakham, a pious, learned scholar, are expected by others to live according to strict moral standards-therefore, the greater the desecration when they fail to live up to these expectations. Their failures reflect negatively not only upon their personal reputations, but upon the Torah that they claim to uphold and upon the God they represent. Among others, these behaviors include embarrassing one's colleagues due to the nature of the rumors that are spread about him (Yoma 86a), embarrassing one's colleagues by the less-than-dignified activities in which he engages (Rosh to Moed Katan, ch. 3, no. 11) and degrading the honor of Torah (Pesahim 49a); and

WHEREAS, the Mishnah, Avot 4:4, reminds us that sequestering a hillul Hashem will always be unsuccessful: "Whoever desecrates the name of Heaven in private will ultimately be punished in public, whether the desecration was committed unintentionally or intentionally." Hence, a conspiracy to conceal information about abuse will ultimately be made public, creating an even greater hillul Hashem; and

WHEREAS, the Talmud, Berakhot 19b, posits, "Wherever a profanation of God's Name is involved no respect is paid to a rabbi"; and

WHEREAS, R. Akiva explained the biblical verse, "And you shall love your friend as yourself (Lev. 19:18)" by positing, "What is hateful to you, do not do to your friend." (Shabbat 31a), we are obligated to respect and protect the integrity, welfare and dignity (kevod ha-beriyot) of our fellow humans;


THEREFORE, BE IT RESOLVED THAT:

The Rabbinical Council of America condemns in the strongest terms any act of sexual, physical or emotional violence, abuse or impropriety, perpetrated by any of its members against any child or adult and declares to all victims that the abuse is the responsibility and sin of the abuser and is not the responsibility or sin of the victim; and

The Rabbinical Council of America recommits itself to fulfilling its responsibility for the welfare of the members of the Jewish community at large and the general community as well, especially to those who have been victims or who claim to be victims of an act of sexual, physical or emotional violence, abuse or impropriety; and

The Rabbinical Council of America commits itself to reevaluating its policies and procedures in cases of accusations of acts of violence, abuse or impropriety made against any of its members and to develop and enact, in a timely manner but no later than June 30, 2004, those policies and procedures that will effectively and responsibly respond to accusations made against any of its members including:

• a reevaluation of the role and function of the Vaad Hakavod;
• the adoption of standards, policies and procedures for the reprimand and censure of members of the Rabbinical Council of America, as well as provisions and procedures for the suspension and revocation of membership;
• the adoption of provisions for reporting convicted or admitted abusers to the Placement Committee so that they will be prevented from assuming positions that will place others in possibly harmful situations as well as to develop responsible means to identify abusers to those communities or institutions to which they may move;
• the development of plans to help members who have been involved in improper behavior find appropriate therapeutic support, as well as the development of procedures to help the families and congregants of these members deal with the very trying circumstances they face;
• the education of rabbis in proper conduct in interacting with others as well as in ways to being falsely accused of improper behavior. We are also concerned about the possibility of a false accusation made against a member and commit ourselves to develop means to evaluate the veracity of an accusation and to help and support a rabbi who is falsely accused. We recognize the great difficulties involved in evaluating an accusation and in determining its veracity. The Rabbinical Council of America commits itself, in developing these new procedures, to proceed with careful and responsible deliberation in developing guidelines for investigating and trying to determine the validity of accusations; to take into account the issues of confidentiality as it applies both to the accuser and the accused; to respect the need for integrity and timeliness in the investigative process; and to consult with such professionals as lawyers and psychologists, as well as with victims and their families who can contribute in many significant and important ways in formulating and executing these policies.

The Rabbinical Council of America maintains that reporting acts or suspicions of child abuse is not mesirah* and commits itself and its members to reporting acts or suspicions of child abuse as required by civil law; and

The Rabbinical Council of America recommits itself and its members:

• to assert responsible leadership in publicly condemning acts of sexual, physical and emotional violence, abuse and impropriety and in formulating
•  to execute educational materials and programs that will educate its rabbis and lay persons in the areas of sexual, physical and emotional violence, abuse and impropriety,
• to execute procedures and policies that will safely, sensitively and effectively protect the members of the community from violence, abuse and impropriety,
• to deal appropriately with its members who have perpetrated such violence, abuse or impropriety; and

The Rabbinical Council of America urges its members to assert responsible leadership in their individual synagogues, schools, organizations and communities in publicly condemning acts of sexual, physical and emotional violence, abuse and impropriety and

• in formulating and executing educational materials and programs in their synagogues, schools, organizations and communities that that will educate the members of their institutions and organizations in the areas of sexual, physical and emotional violence, abuse and impropriety.
• to establish and execute procedures and policies in their individual communities that will safely, sensitively and effectively protect the members of those communities, synagogues and schools from violence, abuse and impropriety, including the proper training and education of all staff members and the publishing of guidelines for acceptable behavior as well as guidelines for the reporting of suspicions and acts of inappropriate behavior, and guidelines for effectively dealing with those reports; and
• The Rabbinical Council of America commends those organizations and individuals that have raised these important issues in our community; that have developed programs that have helped victims of violence and abuse to acquire therapeutic, psychological and legal help; that have furthered public awareness of these issues; and that have furthered the physical safety, emotionally integrity and spiritual well-being of individuals and of our community at large.

------------------------------------------------------------------------

Endnote:

1. Arukh HaShulhan maintains that mesirah was prohibited because of the nature of autocratic governments under which Jews lived throughout much of our history. Such informing often led to dangerous persecution of the entire Jewish Community. He posits that this injunction no longer applies in those communities in which the government is generally fair and non-discriminatory. (Arukh HaShulhan, Hoshen Mishpat 388:7. This source is cited authoritatively by Rabbi Gedalia Dov Schwartz in "The Abused Child: Halakhic Insights." Ten Da'at, Sivan 5748. p. 12). Accordingly, it is obligatory in the Western world today to inform the civil authorities about individuals who abuse others.
2. The prohibition of mesirah applies only when testimony assists civil authorities in illegally obtaining the money of another Jew, not when it aids a non-Jewish government in fulfilling such rightful duties as collecting taxes and punishing criminals. When, however, the information concerns the criminal activities of a fellow Jew - as long as the Jewish criminal has also violated a Torah law, and even if the punishment will be more severe than the Torah prescribes (RaN to Sanhedrin 46a) - the ban of mesirah does not apply. (Rabbi Herschel Schachter, "Dina deMalchuso, Dina,"Journal of Halachah and Contemporary Society, I, p. 118.)
3. Even should one hold that the prohibition of mesirah is relevant today, reporting child abusers to civil authorities is nevertheless mandatory. According to Rema, even when the prohibition of mesirah is in force, "a person who attacks others should be punished. If the Jewish authorities do not have the power to punish him, he must be punished by the civil authorities." (Hoshen Mishpat 338:7 and Shakh, no. 45. See also Gloss of Rema to Hoshen Mishpat 338:9.) Our Batei Din today have neither the power nor the authority to handle such matters.
4. Shulhan Arukh rules that the prohibition of mesirah restricts an individual who is being harassed from making a report to the civil authorities. However, when there is a meitzar hatzibbur (public menace), mesirah is permissible. (Hoshen Mishpat 338:12, see Shakh, no. 59 and Gra no. 71.) Child abusers and molesters clearly endanger the welfare of many children with whom they have contact. (Rabbi Waldenberg quoted in Nishmat Avraham, Vol. IV, p. 209.)

See Rabbi Michael Broyde, "Mesirat Meida al Avaryanim lidei ha-Shiltonot be-Artzot ha-Berit," Hadarom, vol. 72-73, Elul 5762, pp. 7-38; p. 37, note 90.

After long denial, Orthodox world begins to grapple with sexual abuse

After long denial, Orthodox world begins to grapple with sexual abuse

By Julie Wiener

JTA - August 10, 2001

The Borough Park section of Brooklyn is one of America’s most visibly Jewish neighborhoods.

On several residential blocks of one- and two-family brick homes, almost every front door has a mezuzah. Modestly dressed women push strollers, while girls in dresses and boys in tzitzit and yarmulkes play on the sidewalks.

Sixteenth Avenue, one of the main drags, is lined with religious study centers and yeshivot, a Jewish high school for girls, small synagogues and Judaica stores.

And in the middle of it all is an agency that runs a treatment program for Orthodox Jewish pedophiles.

Orthodox pedophiles?

For years, most people in the Orthodox world assumed their religious way of life and tight-knit communities insulated them from problems rocking the larger world, like sexual abuse.

There is still a great deal of resistance to discussing the issue, and a lingering feeling among many victims and advocates that Orthodox institutions are more concerned with protecting the reputations of men accused of sexual abuse than with believing or helping victims.

But fueled by a combination of factors — recent scandals, a growing cadre of Orthodox psychotherapists in whom Orthodox Jews feel comfortable confiding, and American society’s growing openness about sensitive social problems — that sense of insularity is eroding both among the fervently and centrist Orthodox communities.

Just as it has begun to acknowledge that there are Orthodox child abusers and Orthodox drug addicts, the community is gradually coming to grips with the fact that it, too, has sexual abusers in its midst.

Through Jewish agencies like Borough Park’s Ohel Children’s Home and Family Services — whose sex offender program is believed to be the only Orthodox program of its kind — it is starting to confront the problem.

Among the indicators of change:

In the wake of public allegations last year that a high-ranking professional in the Orthodox Union’s National Conference of Synagogue Youth had sexually abused more than 20 teen-age girls, sexual abuse has become a household world among centrist Orthodox Jews. The O.U., which had been accused of protecting Rabbi Baruch Lanner, the alleged abuser, underwent an investigation by an independent commission, made some key staff changes and has vowed to implement policies to prevent future abuse.

Four years ago, at the request of the Brooklyn District Attorney, Ohel — which already treated Jewish survivors of sexual abuse — created the first-ever treatment program specifically for Orthodox sex offenders. More than 30 people, half referred through the criminal justice system and half through rabbis and Jewish communal leaders, have received evaluation or treatment through the program; more are on a waiting list.

At its convention this year, the Rabbinical Council of America, which represents 1,100 mainstream Orthodox rabbis, held an open and detailed discussion about sexual abuse led by Dr. Susan Shulman, a pediatrician who served on the O.U.’s commission investigating the Lanner scandal and lectures frequently about sexual abuse.

According to the RCA’s immediate past president, Rabbi Kenneth Hain, the rabbinic group is in the “embryonic stages” of creating a system for dealing with members accused of sexual misconduct.

In the aftermath of two publicized cases of pedophilia — one concerning a rabbi teaching at a day school and another concerning a kosher butcher — the Chicago Rabbinical Council recently created a special Beit Din, or rabbinical court, to address sexual abuse. The court, which has four rabbis from different sectors of the local Orthodox community, consults with a team of psychologists, social workers and lawyers. It is believed to be the only permanent North American Beit Din focusing on this issue.

According to David Mandel, chief executive officer of Ohel, Orthodox schools and other institutions increasingly are hosting workshops educating parents and teachers on how to prevent abuse against children and identify the symptoms indicating that a child may have been abused. In the past year, Ohel participated in more than 12 seminars or conference sessions on the topic, about twice as many as in previous years.

Sexual abuse is hardly unique to the Orthodox community, and many who work in the field say there appear to be far fewer incidents in the Jewish community than in American society as a whole.

Problems like victims’ reluctance to come forward, difficulty proving cases, and a tendency of people not to want to believe accusations are vexing issues in any community. Even when caught, sexual abusers are difficult to treat, and many experts say they must be watched vigilantly because they never fully recover.

But there are certain aspects of Orthodox life that make such problems uniquely challenging.

Perhaps the biggest obstacle is the wall of silence and denial.

“We’re a community that would like to believe that our religious lives prevent these problems,” said Rabbi Yosef Blau, a spiritual guidance counselor at Yeshiva University’s rabbinic seminary and someone known as an advocate for victims of sexual abuse.

Samuel Heilman, a professor of Jewish studies and sociology at the City University of New York, said the presence of sexual abuse “calls into question some of the deeply held values of Orthodoxy — mainly that if you maintain a strict attachment to Jewish tradition and values, somehow that would insulate you from all that is evil in society.”

In addition, there is a historic Jewish tendency, particularly acute in the Orthodox world, to keep quiet about sensitive issues for fear of publicly scandalizing the community.

Many Orthodox Jews also fear that embarrassing information could jeopardize future wedding matches for individuals and their families.

Another obstacle is that the many demands of an Orthodox lifestyle — and the fact that Orthodox Jews must live within walking distance of synagogue — make Orthodox communities tight-knit. That can make it hard for a victim to come forward, particularly if the abuser is prominent or well-liked.

When the perpetrator is a rabbi or other respected member of the community, victims have an even greater difficulty, given Orthodox Judaism’s reverence for rabbinical authority figures.

“If a kid goes to a parent and says, My rebbe did something to me, the parents tend to believe the rabbi, not the child,” Blau said.

Perhaps the greatest challenge is that most Orthodox institutions lack a formal system for preventing or reporting abuse.

Exacerbating the situation is the fact that Orthodox Jews generally are more reluctant than liberal Jews to go to the police for crimes committed within the community.

Instead, Orthodox Jews tend to rely on rabbinical courts. But most such courts are ill-equipped to handle sexual abuse cases, and many — according to victims’ advocates and Shulman — refuse to hear such cases.

Chicago’s Beit Din is one of the few actively dealing with sexual abuse. So far, it has found three people guilty of abuse, alerting community leaders so they can keep an eye on the offenders and not hire them for jobs where they will be alone with children.

Rabbi Gedalia Schwartz, chief presiding rabbi of the Chicago Rabbinical Council and the Beit Din of America, a national rabbinical court under RCA auspices, urges victims to go to the police as well.

“Some might say, send” the abuser “to another community,” Schwartz said. “That’s no good because if he goes to another community he will do the same thing.”

However, some communities do just that.

In her RCA speech, Shulman told of an anonymous rabbi who impregnated a student while he was principal of a school for Jewish girls with learning disabilities. When he was fired, he moved to another community where he is “still a prominent rabbi.”

Despite the remaining challenges, some in the Orthodox world find solace in the fact that the topic is now on the table and that some treatment programs are out there.

Because of the Lanner case, “people who in the past would’ve said, ‘I’m sure he couldn’t have done that and Just let it go are now saying, I heard about this and we can’t let this happen again,’ ” Blau said.

According to Mandell and others, the changes are deeper than a mere reaction to Lanner.

In fact, sex abuse is being discussed and addressed not just in centrist Orthodox circles but in fervently Orthodox communities where many people — who do not read secular or even mainstream Jewish newspapers — have not heard of the Lanner scandal.

David Pelcovitz, director of psychology at North Shore University Hospital in Manhasset, N.Y., and a clinical professor of psychology at the New York University School of Medicine, said he increasingly hears rabbis frame the issue by talking about the concept of ha’alamah, the biblical injunction not to look the other way.

Mandel, Pelcovitz and Shulman all say that invitations are increasing to speak on the topic at conferences and to lead training workshops.

Pelcovitz, who teaches a pastoral psychology course at Yeshiva University’s rabbinical school on dealing with sexual abuse complaints, said Orthodox rabbinical groups such as the RCA and the National Council of Young Israel also are starting to offer continuing education on sexual abuse.

Mandel noted that after almost every speech he and his staff give on sexual abuse, at least one adult privately comes forward to say he or she, too, was victimized but never before felt comfortable telling anyone.

“People are discussing a topic that truly wasn’t discussed,” he said.