"Frum" halachic concerns about abuse - causes mental constipation

I just received a letter regarding 

Pesachim (113b): Three the Holy One, blessed be He, hates: he who speaks one thing with his mouth and another thing in his heart; and he who possesses evidence concerning is neighbour and does not testify for him; and he who sees something indecent in his neighbour and testifies against him alone. As it once happened that Tobias sinned and Zigud alone came and testified against him before R. Papa, [whereupon] he had Zigud punished. ‘Tobias sinned and Zigud is punished!’ exclaimed he, ‘Even so,’ said he to him, ‘for it is written, one witness shall not rise up against a man, whereas you have testified against him alone: you merely bring him into ill repute.’

Question: It states clearly in Pesachim (113b) that if a single witness testifies about the sins of another that he receives malkus. Thus publicizing allegations that are not actionable by beis din i.e., 2 kosher witnesses - is a major sin. So how is it possible that you are advising people to notify schools or communities regarding a suspected molester or calling the police when you lack 2 kosher witnesses? Even if you want to rely on the Chofetz Chaim that when there is to'eles it is permitted to speak lashon harah, but how does that justify indiscriminate publicity - especially if brought about through the arrest of an alleged molester? Why do you think that people in Israel need to know about an alleged pedophile in  Lakewood or Monsey and vice versa? Answer:You are taking a very "frum" perspective i.e., that in abuse cases we are dealing with witnesses testifying before a beis din that will determine guilt or innocence. Since 2 witnesses are required nothing is accomplished by a single witness except to ruin the accused and thus it is lashon harah. This is the perspective of Rav Menashe Klein and apparently the former Lakewood beis din for child abuse.

However in fact according to most poskim we are dealing with the issue of preventing harm - not poskening guilt or innocence. We are dealing with rodef which doesn't require beis din or a psak. If you know someone is a molester he is a rodef and thus you can call the police to stop him harming others. Even if it is only a sofek rodef you can call the police.

If there are only children who are witnesses then see C.M. 35. and the Sho'el U"meishiv.  If there are only rumors or circumstantial evidence - you can still act to protect yourself or others. See Rav Yehuda Silman's article in Yeschurun vol 15. Following Nida 91 you don't believe that the rumors are necessarily true but you still need to take protective action. See Rav Sternbuch's teshuva dealing with a principal who refused to listen to allegations and rumors (because it is lashon harah). Our society has gotten so obsessed with the horror of lashon harah it ignores the other half of the posuk - "Don't stand idly by the blood of your brother." As I have noted from Rav Elchonon Wasserman and others - there is no prohibition of lashon harah in a case where it is beneficial. It really is as simple as that.  [See Piskei Teshuva O.C. 156] Furthermore taking the view of the Maharal regarding lashon harah - if you are willing to say directly to the person you suspect  that you have heard rumors that he is a molester - then you can say the same to others and it is not lashon harah. The Maharal holds that the issur of lashon harah is to say nasty things behind someone's back.

In addition you are ignoring the issue of mandated reporting which we learn from BM 83 regarding Rav Eliezar ben Rav Shimon. In addition you are ignoring the discussion of public welfare found in Rambam(Chovel U'mazik 8:11) and the Chasam Sofer on Gittin 7a.

An additional point is mentioned in Shulchan Aruch (C.M. 38:1): If the single witnesses can cause an oath to be taken or to stop sin - then it is permitted.

Regarding your second point, it is clear to anyone who is involved in child abuse - that the problem is not a  local problem. Molester readily move between neighborhoods - in fact they are often sent away to another community without providing any warning to the new community.

In sum, you are getting tangled into a halachic knot that causes mental constipation. The cure for this is using seichal - which is discussed in C.M. 2. - especially the Rashba cited by the Aruch HaShulchan. Instead of frum excuses that we don't have two witnesses etc etc - you should be asking  - what do we have to do to protect the children.  The problem is the frum questions blinds you to the reality that children are not required to be sacrificed on the altar of frumkeit. By taking the mistaken view that we can't speak lashon harah, we can't do anything without proper witnesses, we can't call the police, we can't act on circumstantial evidence, we can't decide anything of significance without rabbinic permission, we can't use the secular courts, we can't shame the community or the family of the pedophile, and we surely can't cause him to be punished with jail (which is not a Torah punishment) - you cause children to be abused and experience a living death. You cause children to give up religion. You cause a disgusting chilul hashem when it becomes known that you have betrayed the weak and dependent children - in the name of halacha.