Is Weberman a moser? Why is she a victim?

Guest Post by Rabbi Brian Kent [See just posted response to #2]

1) Mesira: There are notices in Williamsburg going up proclaiming that the young lady in the case is guilty of mesira. But didn't we hear that Weberman himself helped the father with a video tape that was made in order to catch a young man having relations with his daughter. It was intended to be used for the express purpose of prosecuting the young man in the secular courts. This is an eight hundred pound gorilla that people seem to be blind to. Questions of mesira are very common and it is an issue that even some poskim will not give you an answer. The reason they won't is because the stakes are simply to high. 

I asked the question to Daas Torah who I hold in the highest esteem. The reply was that if they thought that the girl was being harmed or in danger it would not be mesirah. Okay, that is the litmus test on whether they can call the cops. But that wasn't the only way this could have been handled. I have been told and I have seen "shartkers" in Williamsburg who are involved with the Shomrim, provide security at Neturei Karta functions, etc. The press is speaking of a group called the Vaad HaTzinus. Do they beat people up? Absolutely! The raya we all know is when husbands don't give their wives a get they are beaten to a pulp and there hospitalizations are sometimes front page news.Another group that the Brooklyn DA turns a blind eye to since nobody has any sympathy for them.My point is there was another way to handle the boyfriend than calling the police. It seems that mesira is okay for some but not others? This case has a lot of grey.

Can somebody please help clarify this issue?

2)  Victim: I wish to respectfully ask why this girl is being referred to as a "victim"? When was this established? I know she made an accusation .I am not sure why somebody that doesn't believe in Hashem and has illicit marital relations as any neemanus? I don't blame victims .I simply want to have an answer .My question is how does somebody establish that she is a victim. Just on her word?

Now in the case of Mondrowitz I could see how he fell through the cracks.He had a radio show on WNYM in which he dispensed psychological advice "al pi Halacha" in the early 80's.He would always tell stories about the Kotzker or the Gerrer Rebbes .But when you would see him close up you knew something was very wrong. For example on Motzei Shabbos he would be decked out in his Bgdei Shabbos complete with a fancy spodik on his head.But he would have expletives coming out of his mouth .He had a sparkling public personality and in private it was obvious there was something wrong with him.Very creepy.The reason that he never went to court was because he would destroy the respectability of the schools and rabbanim he worked with. He would taint them .There is no justification for inaction. You cannot have monster that will endanger children running around In the absence of a psak from a Bais Din or a verdict in a courtroom we can obviously say he is guilty due to all the witnesses who have come forward.

'Juvenile sex offenders are ticking time bomb'

YNet   Juvenile sex offenders are devoid of any real rehabilitation and may pose a threat to society as they grow older, the National Council for the Child (NCC) warned Sunday.

According to the NCC, unlike adult sex offenders, teens convicted of sex offenses are not offered any substantial treatment or rehabilitation, even if they are jailed.

Israeli law makes no such provisions and therefore the courts cannot order treatment as part of rulings rendered in cases involving minors.

In a recent ruling, given in a matter of a teen convicted of aggravated sexual assault, the Supreme Court criticized the Israeli Prison Service for failing to provide him with therapy despite the fact that he was deemed dangerous.

Weberman jurors reported to be split on guilt

NY Daily News    A dozen jurors deliberating the fate of a prominent Hasidic counselor Friday have a long road ahead of them, judging by the reactions of three excused alternates.

The jurors, sprung from Nechemya Weberman’s two-week trial on Friday, gave wildly divergent opinions on whether he’s guilty of sexually abusing a Brooklyn teen for three years.

“It’s a tough one,” said one former juror who declined to give his name. “I think they’re split down the middle. I was split down the middle as well.”

But the man said he would have convicted Weberman, 54, on at least some of the 60 counts that he’s facing.

A woman, who was also excused from the panel, disagreed.

“I didn’t hear enough evidence to nail the person,” she said. “No video, no DNA.”[...]

“I think he’s guilty, but it’s a matter of what he’s guilty of,” said a third juror, a 41-year-old man from Canarsie.  He praised the testimony of the teenager, saying she had to obey authority, but still “decided to speak out.”

Chaim Halpern: Are rabbis afraid to condemn him?

Times of Israel    A local religious authority announced plans Tuesday to establish a special court to investigate one of its leading rabbis for alleged sexual misconduct.

According to a statement issued by the Union of Orthodox Hebrew Congregations, the organization is “in the process of setting up an independent beis din consisting of prominent and renowned dayanim,” or religious judges, to “thoroughly investigate” allegations against London rabbi Chaim Halpern. The court will “hear testimony and look at evidence, and its final psak [ruling] will be adhered to by our Rabbinate.”

The leader of the Union, Rabbi Ephraim Padwa, “expresses the wish that no further action nor declaration be made until that psak is issued,” it added.[...]

However, plans for a whitewash were the exact allegation made by Yisroel Lichtenstein of the Federation of Synagogues, who so far is the only religious judge or rabbi to comment on the case on the record. He suggested that the purpose of the new court would be to overturn the ruling made at a previous hearing by six London rabbis, who heard testimony last month from one of Halpern’s alleged victims. Halpern subsequently withdrew from all of his public positions, except at his synagogue.

“It seems like a whitewash,” Lichtenstein said of the proposed new court. “What was wrong with the first [hearing]?”

Now passing E1 – don’t blink

Times of Israel   [....] We returned to the car and I told him to look at the clock and remember the exact time. I stepped on the gas and headed south. Two minutes later, we passed the Zeitim junction, “We just left Jerusalem,” I informed him, “watch the clock.” Two more minutes passed; we admired the desert landscape; saw a shepherd with his herd of bedraggled goats. I stepped on the gas a little. “And now, we are in Ma’ale Adumim,” I announced as we drove up the hill to the checkpoint and the entrance to the city with its beautiful flower beds and tall palm trees swaying in the cool winter breeze. “We just passed through E1.” I said, somewhat triumphantly. “That’s it!”

He looked frankly shocked. “But we just left Jerusalem a few minutes ago,” he uttered. “Four minutes exactly,” I replied. “And I didn’t even go over the speed limit!” “And that was E1?” he asked incredulously. “Yes,” I answered. “That is E1 and now you are in the biggest ‘settlement’ in the West Bank. Now you know what all the fuss is about and next time they talk about E1 you can say that you have been there and that you saw the goats.”

“But it is so close, and this looks just like a normal town,” he continued, “No one ever showed me this before.” [...]

Weberman trial: He testifies he is innocent

NY Daily News   A prominent Hasidic counselor said he “never ever” sexually assaulted a beautiful Brooklyn girl, and testified he didn’t know anything about lingerie bought by a charity he founded.

Nechemya Weberman, taking the stand in a child-sex-abuse case, acknowledged Wednesday that he founded a charity and used it to pay for his salary and his kids’ education.[...]

Children who had issues following the sect’s strict rules would be referred to him by schools or rabbis, he said, and he would then charge their parents about $150 an hour to counsel them.

In her testimony last week, the alleged victim testified she objected to the sect’s stringent dress code, which required thicker tights than she cared to wear.

When he first counseled the teen who brought the charges against him, “She was very quiet, looking down, closed in,” Weberman said. She slowly opened up, he added, discussing religious questions and problems she had at school and her home.

“At the beginning, we spoke a lot and I spent a lot of time with her to understand what bothers her,” he said. Weberman acknowledged the sessions cost her parents tens of thousands of dollars.

He was asked by his lawyer about the aim of the counseling sessions.

“To save her life,” Weberman replied.

Weberman trial: Request for children to pray for him

This is a letter in Yiddish that appeared on twitpic hattip to Remark  [my translation from Yiddish]

For the honor of the respected teachers,

We are now faced with the trial  of the important askan R' Nechemiah Tzvi ben Dinah Weberman about whom the debased and lowly elements from the fringe  of society have made false claims and slandered. Therefore the teachers have been requested to pray for him together with the young students and implore Gd every day he should go free. Therefore people should have this in mind when they answer "Amen Yehe Shmei Rabbah" which is a segula to annul bad decrees against a person. In addition Chapter 20 of Tehilim should be said and then the name that G-d should help and that the slanderers should have no hope and Nechemia Tzvi ben Dina should be freed  from all actions AMEN. 

Be fully aware that if this type of low and disgusting slander succeeds in this case then every single person is in danger of being a victim.

We have no other strength then our mouth for use as gifts and prayer. Our enemies will bow and fall but we will rise and be upright.

Weberman trial:Mother paid $12.8 K for "therapy"

 NY Post    If she stopped seeing her alleged abuser, she would have been expelled from school.

The mother of a teenage Brooklyn girl who was allegedly sexually abused by a prominent Hasidic leader testified yesterday that she was forced by her daughter’s yeshiva to send the girl to the man for counseling — and even had to pay for the dubious privilege. [...] “The school gave her a hard time and said she was ‘apikoros,’ ” [...]

When asked the repercussion of not sending her youngest daughter to Weberman, she answered in halting English, “They wouldn’t accept her. They wouldn’t allow her to go to school.”

United Talmudical Academy administrators even required the family to pay Weberman $12,800 in advance — before the teen started eighth grade, the mother testified. [...]

Weberman trial: Satmar Rebbe's denunciation of accuser

Last Saturday night the Satmar Rebbe, Aron Teitelbaum of Kiryas Joel spoke about the Weberman trial. The following is  a transcript of his words . Frumfollies has a recording of it as well as a translation.

Update #1: My brother has an interesting question in a comment to this post. Is the Satmar Rebbe claiming that the accusations against Weberman are totally false or is he acknowledging that they are true but is condeming the victim for publicly accusing Weberman of rape and pressing charges with the secular authorities against Weberman. In other words is he claiming she is a liar or a moser? His speech supports both interpretations!

Update #2: After listening several times to the audio. It seems clear that the Rebbe was simply using the verse as an asmachta and was not concerned at all with the context and pshat of the verse. In short he is calling the victim a zona. He is also denouncing her and her supporters for making a public spectacle. Thus he is placing the whole burden on the victim and is not acknowledging that she is a victim or that Weberman did anything wrong.

My basic translation:

 I was Shabbos in Williamsburg where I heard that people were greatly distraught. Who ever is aware of the incredible news of Willamsbug knows about the low level reached by a Jewish daughter.  It is truly frightening! In this weeks parsha the Torah records the outrage of Dina's brothers who asked in astonishment, "Should our sister be made a prostitute?" (Bereishis 34:31). This is truly terrible. This is in accord with the general rule [of Chazal] that when Jews go down they go all the way down to the ground [Megila 16a]. This is truly upsetting and extremely painful. I don't think that there has been such a disgusting episode in the history of the chareidi world . Offspring of Yaakov have been ruined. Nebech! Satan has succeeded in impactings Yaakov's desendants because she is also a daughter of our father Yaakov. This is such a terrible  degradation and is unbelievably painful. What incredible anguish, Oy! Unfortunately she is not acting alone but there is a whole group. This is terrible. I am telling you that I was in Williamsburg on Shabbos and everyone was broken over this matter. You should know that this group comes from Chasidic parents who wear streimels and bekitshes. Despite the fact that they have chasidic parents we find ourself in this situation. Consequently we have to give greater attention to the education of our sons and the education of our daughters and not miss the slightest thing. G-d should preserve every Jew and every Jewish home...

Judge temporarily blocks Calif. gay therapy law

USA Today   A federal judge has temporarily blocked California from enforcing a first-of-its-kind law that bars licensed psychotherapists from working to change the sexual orientation of gay minors, but he limited the scope of his order to just the three providers who have appealed to him to overturn the measure.

U.S. District Court Judge William Shubb made a decision on Monday just hours after a hearing on the issue, ruling that the First Amendment rights of psychiatrists, psychologists and other mental health professionals who engage in "reparative" or "conversion" therapy outweigh concern that the practice poses a danger to young people. The First Amendment of the U.S. Constitution guarantees freedom of speech and other basic rights.

"Even if SB 1172 is characterized as primarily aimed at regulating conduct, it also extends to forms of (conversion therapy) that utilize speech and, at a minimum, regulates conduct that has an incidental effect on speech," Shubb wrote.

The judge also disputed the California Legislature's finding that trying to change young people's sexual orientation puts them at risk for suicide or depression, saying it was based on "questionable and scientifically incomplete studies."

The law, which was passed by the state Legislature and signed by Gov. Jerry Brown in October, states that therapists and counselors who use "sexual orientation change efforts" on clients under 18 would be engaging in unprofessional conduct and subject to discipline by state licensing boards. It is set to take effect on Jan. 1.

Ex-Principal Yegutkin Convicted Of sexual abuse

 Jewish Week   Emanuael Yegutkin, 33, the former principal of Elite High School in Bensonhurts, was convicted Monday morning of all 75 counts of charges that he sexually molested students at the yeshiva.

 [This account does not seem to be accurate according to NY Daily News 2009 which says his victims were not students at his school]

"This conviction is an example of my office's policy not to tolerate horrendous crimes that target children,"  said Brooklyn District Attorney Charles J. Hynes through a spokesman.

Another spokesman later added on his behalf, "this sexual predator faces the remainder of his life behind bars. This should serve as a clear message that those who would sexually abuse children anywhere in this county will be punished severely.

Building E1 - Ending Palestine's hope for Jerusalem

NYTimes   Jerusalem, which both Israel and the Palestinians see as their capital, is anything but united, with fierce fights over its development posing perhaps the greatest threat to the prospects of peace. And beyond the cornerstone, nothing has been erected since in this contentious 4.6-square-mile area, known as E1, where there are many more goats than people.

But Israel’s announcement on Friday that it was moving ahead with zoning and planning preparations for the area could change all that, and many fear that it could close the window on the chance for a two-state solution to the long-running Israeli-Palestinian conflict. 

Construction in E1, in West Bank territory that Israel captured in the 1967 war, would connect the large Jewish settlement of Maale Adumim to Jerusalem, dividing the West Bank in two. The Palestinian cities of Ramallah and Bethlehem would be cut off from the capital, making the contiguous Palestinian state endorsed by the United Nations last week virtually impossible.

Although Israeli officials did not call the move retaliation for the United Nations vote, most people here assumed the timing was not coincidental. 

Along with zoning and planning for E1, Israel on Thursday approved 3,000 new housing units in unspecified parts of East Jerusalem and the West Bank. [...]

These include more than 1,200 units in Ramot and Pisgat Zeev — decades-old upscale Jewish neighborhoods of 40,000-plus residents that straddle Beit Hanina in the northern reaches of the municipality. Late last month, final approval of 2,610 units in an undeveloped southern stretch known as Givat Hamatos was postponed under international pressure because it was scheduled while Secretary of State Hillary Rodham Clinton was in the region trying to negotiate an end to Israel’s bloody conflict with the Gaza Strip. 

“Maybe the Palestinians got something on paper and morally, but he got something on the ground,” Mr. al-Qaq said. “Netanyahu is trying to enforce something on the ground and gain the hearts and minds of the Israeli public. It’s a strong message to the Palestinian leadership that Netanyahu is not without cards in his hand.”

The development of E1, a project that the United States has blocked several times since 1994, has long been seen as a diplomatic third rail, and several experts said Saturday that they expected that Israel may once again back down from building there. But several other controversial housing projects within Jerusalem have sped forward in recent months, raising the ire of the Palestinian leadership, left-leaning Israelis and the international community, most of whom see the settlements as a violation of international law.