One of the major objections to Rav Sternbuch’s psak regarding the police is that in some cases he would not require calling the police. There is a basic difference between the halacha and the secular law in this matter. The halacha is based on the existence of likelihood of present or future danger to the child. Therefore if there is no element of danger – the fact that a crime was committed does not always justify calling the police. In contrast the secular approach is that if there was a crime there has to be punishment. It is important to note, however, that there is no uniformity in the secular law. In America, at least, there is no legal requirement for the average citizen to call the police. American law does not require informing on others for various crimes such as tax fraud or suspected child molesting. There is a major exception for professionals. Doctors, nurse, teachers and therapists are required by law to report suspected child abuse. Thus the issue of following the law of the land versus halacha is an issue only for those that the law requires to contact the police. This is a serious issue which requires consulting with one’s own rav. My understanding is that concerning the halacha the issue is harm. If someone will likely harm a child he must be stopped even if it means being put in jail. However if there is no longer a danger to the child, the question becomes that of the likely danger to a child molester in the prison system. Rav Shlomo Zalman Auerbach paskened that surgical castration is permitted so that the molester will not be a danger. Castration (either physical or chemical) is sometimes offered as the condition for a sex offender to be released from jail. Journal of American Academy of Psychiatry Law.
"However if there is no longer a danger to the child, the question becomes that of the likely danger to a child molester in the prison system."
ReplyDelete"Let the molester rot in jail."
As someone who isn't going to argue that there is categorically no conceivable scenario where such a predator poses no further threat, someone being chemically castrated does not give me confidence that such a person falls into such a category.
I don't wish to take up more of the Rav's time but this is pretty important and it might be useful if he could give us a hypothetical (or perhaps real) situation where someone was in the category of posing no further threat?
See my response at http://atruefaith.blogspot.com/2008/06/crime-and-punishment.html
ReplyDeleteHow is anyone supposed to know if the guy is still dangerous? Who is going to take it upon himself that this guy is safe? Who is going to promise to the community that their children are not in danger? And if this guy does strike again, is the rabbi who ruled that he is safe going to take responsibility for his psak?
ReplyDeleteRegarding danger -
ReplyDeleteI have not discussed this with Rav Sternbuch since he says typically he does advise calling the police but here are some possibilities.
1) chemical castrastion does work. I spoke to a psychologist who works with this population and he said he has seen dramatic changes. All desire for sexual issues can be eliminated - even in long time sexual criminals.
2) A person is now old and decrepit and has not done anything in 20 years.
3) A person who did something as a 13 year old. It is twenty years later - he is happily married and has shown absolutely no indication of repeating his crime despite ample opportunities.
All this discussion would be relevant with the attitude of some other poskim. But again if there is any possibility of danger you don't take chances.
Would you call the police if your son's rebbe gave him a hug? What if he patted him on the shoulder? What if he had your 5 year old son sit on his lap? Would you call the police if your 8 year old came home and said he overheard a friend saying that their teacher had private discussion in his car with a kid and the kid looked upset when he got out of the car? Would you call the police if you found your 14 year old nephew standing in your 10 year old daughter's bedroom - watching her sleep?
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ReplyDelete