Tuesday, December 4, 2012

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.

Sunday, December 2, 2012

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.

Weberman case: Calling police for abuse of 12 year old

I was recently asked to explain the halachic justification for calling the police in a case such as the Weberman case which involved a 12 year old. According to halacha she is an adult and thus it would be viewed as a consensual relationship - especially since she said nothing for years and continued going back to him.  If there is no crime of rape then on what basis can he be punished? Whatever sin occurred such as if she was a nida and the fact that they aren't married doesn't seem to provide a justification for punishing him. Wasn't she equally complicit according to the halacha? In short there doesn't seem to be a victim here.

1) A simple answer would be this a case of fiduciary relationship - where she was under the power and influence of someone she viewed as an authority and complied because she assumed she had no choice. Thus it would be considered rape and not seduction. However while that is clearly the halacha for a child - it is not the halacha for a 12 year old who is considered an adult. However I can not find any teshuva where fiduciary relationships are a mitigating factor. In fact even in secular law there is no consistency. A rabbi is not considered a special authority figure in many places - as was seen in the case of Mordechai Tendler.

2)  He can be reported to save him from sin. It can also be justified because he is a rodef for prohibited sexual relations with a nidda - even if consensual. And thus the police can be called as a way of saving him from sin. 

3) Another justification is that of stopping a nuisance.
Rambam (Hilchos Chovel u’Mazik 8:11), And thus all those who disturb and distress the society it is permitted to hand them over to the secular government to be beaten or imprisoned or fined.
Thus someone who is a public nuisance can be turned over to the police - even  if he will be imprisoned. The Chasam Sofer, Minchas Yitzchok (8:148): and others note this is connected to Gittin 7a and that even a private nuisance can be turned over to the police if there is no other way of stopping the abuse. 

Chasam Sofer (Gittin 7a): Mar Ukva said that there are people who are irritating me [verbal – Rashi]. Even though it was only verbal abuse, nevertheless if it wasn’t for the fact that Mar Ukva could save himself from this abuse by arising early and going to the study hall - it would seem that he would have been allowed to report his abusers to the government… We see from Rashi’s explanation that it was clear that if Mar Ukva had been abused monetarily or by forgery he would have been permitted to report his abusers to the government and he would not have been required to go to the study hall. That is simply because if a person comes to kill you than you have every right to kill them first. This is also the ruling of the Rambam (Hilchos Chovel u’Mazik 9:11): “And similarly if a person abuses and harasses the community it is permitted to give him over to the secular government to be beaten… In contrast if only an individual is being harassed it is prohibited to report him…” This would indicate that the Rambam is referring to verbal harassment.  Therefore if the assailant caused an actual loss it would be permitted to report him to the government so that he doesn’t cause further loss. This is the ruling of the Rema (C.M. 388:9) and it is also the ruling of the Shach (C.M. 388:59-60). However while it seems obvious to the Rambam that if one verbal harasses a community it is permitted to report him to the government – the commentaries don’t show the sources of this ruling. It must be that this ruling is learned from this gemora. It would seem that if hadn’t been for the fact that Mar Ukva had a solution to the harassment problem by going to the study hall it would have been permitted to report his assailants to the secular government. However this solution is only relevant for an individual. But it is not relevant for the community and therefore it is clearly permitted to report the community nuisance to the government. Also see the Pnei Yehoshua’s discussion of this gemora where he says that the solution of going to the study hall and complaining to G‑d about the assailant is not correct if one can stop the harasser in other ways. However he says if the harassers cause him to waste time from Torah and prayer because of his upset he can stop the harassers in any manner…

Protecting others from a sexual predator obviously is a public nuisance as well as a private one. A similar  problem is discussed in  Rav Sternbuch:Calling police for Jewish owned house of prostitution.

Consequently  it is not only permitted but it is a mitzva to report the existence of a predator to the police or  a therapist/teacher who is a mandated reporter who in turn will call the police - even if it results in the predator going to jail or losing money.

In sum, it is clear that even though a 12 year old is an adult according to Jewish law - but she can and should call the police to stop the predator from committing sin as well as to protect her well being and that of others.  She also can report the matter to a mandated reporter such as a therapist or teacher- who will report the matter to the police. Reporting a predator is a major contribution to the well being of society and is to be strongly praised.

Saturday, December 1, 2012

Weberman trial: She claims was forced to copy porn


NYDaily News    The alleged teenage victim of Satmar Hasidic leader Nechemya Weberman testified Friday that he showed her pornography and then made her reenact the sex acts during their closed-door molestation sessions.

I had to “copy what was in the porn,” the beautiful blond 17-year-old testified in Brooklyn Supreme Court. “I remember it happening a lot.”

During her fourth grueling day on the stand, the teen detailed why she hid her torment, which allegedly lasted for three years, beginning in 2007 when she was 12.

“Everybody respected him, he was a leader,” she said of Weberman, 54, whom she described as a member of the powerful modesty committee, which enforces the morality rules of the insular sect.
She never broke down on the stand, even when confronted with intimate details of her tumultuous early teens.

Chaim Halpern condemned by rabbis for not resigning

Times of Israel   Approximately 30 London rabbis are preparing a statement calling on a colleague accused of sexual misconduct to step down from his synagogue, The Times of Israel has learned.

The declaration will say that Rabbi Chaim Halpern is not fit to serve as a rabbi “due to his violation of Jewish law and the laws of modesty,” and that he should be removed from his shul, according to Yisroel Lichtenstein, the head of the rabbinical court of the Federation of Synagogues in London.

Two weeks ago, Halpern, who is considered one of the top Haredi rabbis in London, resigned from his role as a religious judge in Kedassia, the Union of Orthodox Hebrew Congregations. He also ended his relationship with Beis Yaacov Primary School, the Hatzolah emergency medical service and Chana, an infertility charity where he was a religious advisor.

He has been accused by about 30 women of “inappropriate” contact. Earlier this month, six rabbis and religious judges gave him a choice between withdrawing from his positions or facing a public statement against him. They could not remove him, however, from his synagogue, Beis Hamedrash Divrei Chaim in the neighborhood of Golders Green, which is run from a building he owns.

The exact nature of the accusations has not been publicly revealed. [...]

David Kramer extradited to face abuse charges

Australian Age  A RABBI has been extradited from the US to face child-sex charges in Melbourne. David Kramer, 52, faces allegations he abused four boys while he was teaching at Yeshivah College in St Kilda East between 1989 and 1992.

A victim of sexual assault by other staff at Yeshivah, Manny Waks, said the allegations against Rabbi Kramer had been known to Jewish leaders since the 1990s but they sent him overseas rather than report him to police.''They were just going to simply ignore it, they weren't going to deal with it. A lot of the parents at the time were threatening to take action including going to the police. Only [then] the Yeshivah Centre decided to take action … and sent him overseas.'' Mr Waks said he never thought Rabbi Kramer would have to face the allegations and said of the charges: ''This is something I've been waiting for. It's just a bit overwhelming.'' ''What is now happening within the Jewish community is comparable to what has been going on within the Catholic Church. The broader community has been exposed to the allegations of sexual abuse within the Catholic Church for decades. Now for the first time the public is being made aware of the allegations within the Jewish community.''

It is understood Rabbi Kramer, a US national, spent time in Israel and the midwest of the United States, where he was volunteering as a synagogue youth leader.

Following an extradition request from Australian authorities to the US, Rabbi Kramer was surrendered on November 29 and flew back to Melbourne.

Rav Sternbuch: Pikuach nefesh & alternative medicine

 From this weeks Mishpacha News page 12 (my translation).

Rav Sternbuch replied when asked by "Mishpacha Magazine, "When you are dealing with a case of pikuach nefesh - there is no basis to be lenient to refrain from giving treatments which are harsh such as radiation or chemotherapy. If two doctors say that there it is necessary to have these treatments there is no option of avoiding them because of concern for serious side effects. In addition it is impossible to replace the conventional treatments for non-conventional treatments in cases of malignant illnesses since these non-conventional treatments are not considered treatments at all. These alternative medical treatments can be supplements to regular treatment but under no circcumstances can they be used instead of chemotherapy and radiation treatment - even if a homopathetic or natural doctor asserts that they can be.

Friday, November 30, 2012

After UN vote on Palestine - Has anything changed?

NYTimes   Saeb Erekat, a senior Palestinian official, recently said that the day after Palestine gained recognition as a nonmember state at the United Nations, “Life will not be the same.”

True, there would still be the occupation, he said; Israeli settlement and closing policies would continue. But no Israeli official could argue that the West Bank, Gaza and East Jerusalem were disputed territories, he said, adding, “Palestine will become a country under occupation. The terms of reference for any negotiations become withdrawal.” [...]

“They got a state without end of conflict,” a top Israeli official said. “This sets new terms of reference that will never allow negotiations to start.”

The absence of negotiations may then open the way for a more confrontational approach. [...]

Israel has said that any punitive measures after the United Nations maneuver would depend on the future actions of the Palestinians. Yigal Palmor, the spokesman for Israel’s Foreign Ministry, said that Israel would “work by the book” and would only take steps that did not violate any signed accords.

One possibility, he said, was deducting debts owed by the Palestinian Authority to Israeli utility companies from the tax revenues that Israel collects on behalf of the authority. “We can, so we may,” he said.

Weberman trial: Illegal picture taking of accuser

NYTimes   The trial of an ultra-Orthodox Jewish counselor accused of repeatedly molesting a girl was disrupted on Thursday afternoon when four spectators in a Brooklyn courtroom were accused of taking pictures with their cellphones of the accuser on the witness stand. [...]

The accuser, who is now 17, has testified that she and her family had faced a pattern of intimidation from the Satmar Hasidic community in Williamsburg, Brooklyn, since she alleged last year that Nechemya Weberman, the unlicensed therapist her parents had sent her to for counseling, repeatedly forced her to have oral sex during their sessions together from the time she was 12 until she turned 15. [...]

Mr. Weberman’s accuser had already been provided with increased security after onlookers said they spotted Mr. Weberman staring at her threateningly through the window of a conference room as she rested during a break in the court session on Wednesday, said Jerry Schmetterer, a spokesman for the district attorney’s office. The defense denies that Mr. Weberman did this.[...]

The phones of the four men arrested had photos of the teenager that had been taken in the courtroom, and one photo appeared to have already been posted to Twitter, Mr. Schmetterer said. David Bookstaver, a spokesman for the court, said that Judge Ingram also admonished the men before allowing the trial to continue.

Thursday, November 29, 2012

Nahloat - the worst case of abuse or a witch hunt?

Tablet Magazine   Right now, Binyamin Satz, Benzion Primashelanu, and Zalman Cohen are in jail, charged with sodomy and violence against Israeli children. Six other men have been arrested, questioned on suspicions of the same, and released. A 70-year-old woman named Sarah Vorst was violently beaten by five men in February, her apartment ransacked, and her computer and telephone stolen—according to many because her attackers believed she was a mastermind behind the pedophiles’ plot.

To date, more than 70 children, nearly all from Haredi families in the tight-knit community of Nahlaot, have been interviewed by Social Services and have claimed to suffer severe sexual, psychological, physical, and ritual abuse at the hands of nearly 60 individuals. At least another 50 children have claimed abuse, though they were not interviewed by Social Services. The children have identified the perpetrators either by name or by telling characteristics: the one with the ponytail, the one who exercises, the filmer, the one with a walker, the one who wears a knitted kippah, and so on. Those accused include American immigrants, middle-aged men, elderly women (nearly half of those accused are female), geriatric couples, teenagers, mother-son teams, mentally handicapped individuals, at least one Arab, suspected Christian missionaries, and, more recently, a few prominent members of the community, including a rabbi. Some of those who have been identified by one or more children are unaware, or appear to be unaware, that they have been accused.

There was no hint of pedophilia in the community before October 2010. But the Haredi community in Nahlaot now believes that the highly organized ring has been operating secretly for years—possibly generations—and is governed by an elaborate hierarchy. According to community members with whom I’ve spoken over the past year, they believe that a small number of masterminds, including the 70-year-old Vorst, a convert to Judaism who directs Ohel Sarah Imenu, an organization that facilitates Haredi conversions, used formerly abused teenagers and mentally handicapped locals as scouts for the victims. Community members believe that these scouts watched the children and parents from outdoor locations that offered prime vantage points—under the guise of tending gardens, doing calisthenics, or panhandling—and memorized their schedules, recording when the children would be unsupervised. The pedophiles noted the schedules of various homeowners, residents of Nahlaot claim, and they allegedly snuck into dozens of apartments and sheds in the neighborhood in order to abuse the children, who have pointed out these locations to their parents. Many are convinced that there are Christian missionary motivations at play here and that false converts have infiltrated their community. A number of locals told me they believe that the videos and media produced by the pedophile ring are being sold for tens of thousands of dollars or more.[...[]

In the wake of these allegations, the neighborhood underwent an immediately noticeable change of spirit. No one could be trusted. Parents were daily being informed by their children and friends that neighbors they’d known for years, invited over for Shabbat meals, or given charity to, were actually perverted sadistic pedophiles who had been terrorizing their children in ways no one could imagine. At this point, seemingly no family has gone unaffected: In certain sections of the neighborhood, 100 percent of families have children, and often more than one, who have been reportedly abused. I have heard reports of a family with 10 children, all claiming abuse. [...]

“One of the real tragedies of these cases is that once contamination takes place, you can’t undo it,” said Lanning. And it is clear that the case in Nahlaot has been contaminated—in other words, the facts can no longer be reliably determined—whether by the parents, whom police say are at fault for asking their children leading questions, or the police, whom the community says provided no guidance and were generally incompetent. “I believe that in most of these cases, maybe not all of them, there are seeds of truth, something happened here,” says Lanning. “And then through a complicated process, however sadly and unfortunately, the whole thing got exaggerated and embellished, and the sad result may be that someone who did bad things to children may now get away with it.” [....]a

Sexual Misconduct of Rabbi/Therapist by Dr. Klafter

Guest Post by Dr. Nachum Klafter:
[see related Dr. Klafter's critique of Rav Zilberstein's proposal for same gender therapist-client
Nachum Klafter, M.D., is Director of Psychotherapy Training at the University of Cincinnati Psychiatry Residency Training Program.  Dr. Klafter received his M.D. from the State University of New York at Buffalo.  He completed his specialty training in psychiatry at Thomas Jefferson University Hospital in Philadelphia, where he also served as Chief Resident.  Dr. Klafter maintains a private practice in psychoanalytic psychotherapy and psychoanalysis.  He is the Vice President of the Cincinnati Hebrew Day School Board.  He is an active member of the Nefesh International network of Orthodox Jewish Mental Health Professionals.  Dr. Klafter’s interest in child advocacy stems from his experiences as a psychotherapist and psychoanalyst, through which he has learned in intimate detail the tragic, long-term impact of child sexual abuse on its victims.  He resides in Cincinnati, Ohio with his wife and four daughters- He also contributed a chapter to my sefer Child and Domestic Abuse Volume I
Sexual Misconduct and the Question of Rehabilitation [v3]

Hebrew U offers preparatory program for Chareidim

Jpost   The Hebrew University launched a special pre-academic preparatory program this week aimed at members of the haredi community wishing to enroll in institutions of higher education.

A project of the university’s Magid Institute for Continuing Education, the initiative was created in response to the national challenge issued by the Council for Higher Education in Israel to increase ultra-Orthodox society’s access to higher education.

Twenty haredi men began their studies on Wednesday in a newly renovated building near the Hebrew University’s Mount Scopus campus, and a contingent of women are expected to join the program later this year. [...]

In a recent study, the Taub Center for Social Policy Studies found that the failure of haredi schools to teach core curriculum subjects was one of the main factors in low male haredi employment.

According to the Bank of Israel, the rate of employment for haredi men in 2011 was 45.6 percent, as compared to a national average of 77.7%.

Weberman trial - video