I talked to Rav Sternbuch this Shabbos regarding the issue of whether a rabbi must always be consulted before calling the police.
The rule is summarized simply – if one knows that someone is being physically abused or will be abused than it is required to call the police after consulting a rabbi who agrees he is a future danger as is common in such cases.
In response to the question as to whether a rabbi must be called, he said that the key issue is to ascertain whether the child is in danger or will be in danger. If it is obvious that that is the case - either because of one's direct knowledge or a responsible person has informed you of that fact - the police should be called.
Talking to others who have discussed the issue with him, they noted that Rav Sternbuch's focus is on the issue of harm to the child. When they told him about other poskim who have focused on "is the particular act truly sexual contact, or has the perpetrator promised to stop, or if the perpetrator agrees to be supervised" he got furious and said these approaches are nonsense. He is fully aware that therapy is not very successful and that the perpetrator is likely to repeat the crime.
Bottom line: If a child is in danger of being molested - the police need to be called. If there is any uncertainty - either regarding the facts or the seriousness of the incident - an experienced rabbi or professional should be consulted. However if it is clear that children are in danger of being molested - a rabbi does not have to be consulted. Rav Sternbuch concluded, "Let the molester rot in jail."
In response to the question as to whether a rabbi must be called, he said that the key issue is to ascertain whether the child is in danger or will be in danger. If it is obvious that that is the case - either because of one's direct knowledge or a responsible person has informed you of that fact - the police should be called.
Talking to others who have discussed the issue with him, they noted that Rav Sternbuch's focus is on the issue of harm to the child. When they told him about other poskim who have focused on "is the particular act truly sexual contact, or has the perpetrator promised to stop, or if the perpetrator agrees to be supervised" he got furious and said these approaches are nonsense. He is fully aware that therapy is not very successful and that the perpetrator is likely to repeat the crime.
Bottom line: If a child is in danger of being molested - the police need to be called. If there is any uncertainty - either regarding the facts or the seriousness of the incident - an experienced rabbi or professional should be consulted. However if it is clear that children are in danger of being molested - a rabbi does not have to be consulted. Rav Sternbuch concluded, "Let the molester rot in jail."
I am happy to hear about this psak.
ReplyDeleteI would still like a clarification whether this psak applies in Israel.
Bernie Sumner said...
ReplyDeleteI am happy to hear about this psak.
I would still like a clarification whether this psak applies in Israel.
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He clearly holds that it applies in Israel.
I would add that secular law and dina d'malchusa dina must also apply. Certain professions, for example in medicine, have mandatory reporting rules that override personal priorities. That should also be noted.
ReplyDelete"I would add that secular law and dina d'malchusa dina must also apply."
ReplyDeleteListen, our case is one where Mesira is permitted.
In other cases where mesira is forbidden it seems highly counterintuitive to argue that informing to the government is permitted just because the government says you have to. If I recall correctly there are cases where one is allowed, or at least exempt, because they are compelled by the authorities but this does not seem to be a function of Dina d'Malchusa.