Criticisms of plea bargain in 'Starving Mother' abuse case

YNET

The explanations provided Thursday by the State Prosecution regarding its decision to sign off on the "starving mother's" plea bargain didn't manage to convince many people in the legal system. In a conversation with Ynet, a senior prosecutor leveled scathing criticism on the process and pointed an accusatory figure on the softened approach taken by enforcement bodies towards women when there is fear of renewed haredi riots in the capital.

"This woman is fit to stand trial. However, despite this, it is clear that there is a certain disturbance here that makes it clear that if the court were to convict her, she would be sent to prison for a few months to a year," explained the senior prosecutor, who is unrelated to the case. [...]

R Tzvi Gartner: Ideal halachic approach to abuse

The following excerpt was written as part of an introduction to the pioneering series of teshuvos by gedolim dealing with the issue of child abuse. I translated it from the original Hebrew.

Yeschurun (Volume 15): Concerning the question which is in the spotlight now in America. As is known it has been revealed in recent years amongst the non‑Jews, many incidents of teachers and educators who have sexually or physically abused their students.This matter has been well publicized amongst them because of the great damage physically and obviously psychologically to the children that fall victim to this abuse. (In many of these cases their lives and that of their family are destroyed). Consequently the secular government has become very strict in these matters not only for the perpetrators but also for all educators and those who are involved in professional roles with children. The government now requires that all incidents of suspicion and concern be reported to them. Those who delay or refuse to report problematic incidence within a very short time are liable to monetary punishment and imprisonment. They are also exposed to the possibility of civil lawsuits by the parent’s of the child who have been abused as a consequence of their failure to report. To our great sorrow and our sins, the Orthodox community has not been spared by this plague and unfortunately there have been various incidents amongst us also. The question arises then what should a teacher or educator or others do if they become aware of such an incident as these? Some people claim that everyone is to be presumed to be innocent (chezkas kashrus) and therefore it would be prohibited to report anyone to the secular government. This is especially true if the complaint is not first made in beis din and the beis din agrees that the charges are valid – something which is almost impossible to happen. This is particularly true today when beis din has no authority or mechanism of forcing anyone one to appear before them. Furthermore even if they come to beis din then in general all the evidence will be disqualified because it is based on the testimony of children or other invalid witnesses or it is based on circumstantial evidence which is also not admissible. Even confessions are not valid. In fact the only basis of changing a person’s status from innocent to guilty is by means of the testimony of two male observant adult Jews and not that of children and other invalid witnesses or circumstantial evidence and surely not be means of confessions. That is because a person is not allowed by the Torah to cause himself to labeled as wicked. However others say dealing with abuse cases is equivalent to life saving and stopping people from sin (according to what the rabbi’s and professionals in work in this area have said that someone who is a pedophile might abuse ten’s and sometimes even hundreds of children. And it is almost certain that there is no correction of this problem by repentance alone but he needs to receive professional treatment for an extended time.)

Furthermore while as we noted the government requires reporting, but in most cases the government is not interested in punishing the perpetrator but instead forces him to undergo rehabilitation. Therefore there is no doubt that in such circumstances it is not only permitted but it is obligatory to report. But this is conditional on a proper examination by leading rabbis and professionals as to what the facts are. For example in a number of cities in America, communities courts have been established specifically to deal with these matters. After examination and verifying matters, according to the available evidence, when needed they will permit turning to the secular government. In Elul 5764 the protocols of Torah U’Mesorah for schools was published concerning the issue of abuse. They said that in the case when a teacher is suspicious that someone molested a student, the teacher was to report his suspicions to the principal of the school to clarify the matter. The principal was to consult with a posek or a rabbi who was experienced in these matters as well as professionals. If it seemed that there was a basis to the suspicions then the principal was to report the teacher to the secular authorities as is required by the law [...]

Targeted killings of terrorists by U.S. questioned

NYTIMES

WASHINGTON — The Obama administration’s decision to authorize the killing by the Central Intelligence Agency of a terrorism suspect who is an American citizen has set off a debate over the legal and political limits of drone missile strikes, a mainstay of the campaign against terrorism.

The notion that the government can, in effect, execute one of its own citizens far from a combat zone, with no judicial process and based on secret intelligence, makes some legal authorities deeply uneasy. [...]

Darwin's Theory of Evolution: Weapon against slavery?

BBC

What drove Charles Darwin to his extraordinary ideas on evolution and human origins? Adrian Desmond, with co-author James Moore, argue in a new book that the great scientist had a "sacred cause": the abolition of slavery.

"It makes one's blood boil," said Charles Darwin.

Not much outraged the gentle recluse, but the horrors of slavery could cost him a night's sleep.

He was thinking of the whipped house boy and the thumbscrews used by old ladies in South America, atrocities he had witnessed on the Beagle voyage

The screams stayed with him for life, but how much did they influence his life's work? [...]

Abuse - 'Starving mother' accepts plea bargain

YNET

Plea bargain reached even after the last moment – in the corridors of the court. A woman accused of starving her son accepted a plea bargain on Thursday after evidence was presented at Jerusalem's Magistrate's Court, including testimony from the doctor who cared for the child.

Dr. Michael Weintraub described the terrible state to which the child had deteriorated, and it seems this may have prompted the renewed efforts to agree to a plea bargain she had previously rejected on advice from her rabbis.

According to the agreement, the mother will be under house arrest for three years, and kept away from the children for five years except under conditions to be determined for visiting. She is also expected to undergo medical treatment. After two years, if she meets the conditions of the plea bargain, she will be able to see her children in their house under observation for a few hours each day.

Worm in fish Psak

Rav Sternbuch: Shavuos - A day of Elevation

Rav Sternbuch: Living with Bitachon

Bad Charity: Destroying with kindness

Time Magazine

In the history of foreign aid, it looked pretty harmless: a young Florida businessman decided to collect a million shirts and send them to poor people in Africa. Jason Sadler just wanted to help. He thought he'd start with all the leftover T-shirts from his advertising company, I Wear Your Shirt. But judging from the response Sadler got from a group of foreign-aid bloggers, you'd think he wanted to toss squirrels into wood chippers or steal lunchboxes from fourth-graders.

"I have thick skin, I don't mind, but it's just the way they responded — it was just, 'You're an idiot, here's another stupid idea, I hope this fails,'" Sadler, 27, tells TIME. "It really was offensive because all I'm trying to do is trying to make something good happen and motivate people to get off their butts, get off the couch and do something to help."[...]

Kaifeng undergoing unusual Jewish revival

Jewish Tribune

TORONTO – The ancient Jewish community of Kaifeng, China, is experiencing an unusual revival, with many people interested in learning about their heritage. Shi Lei, a descendant of one of the original Jewish families of Kaifeng and a Chinese national tour guide, will speak in Toronto this month to raise awareness of his community.

The event, co-sponsored by Congregation Darchei Noam and the Canadian Jewish Asian Association, will be held on May 13, 7:30 p.m. (doors open at 7), 864 Sheppard Ave. West.

Shi Lei, 32, a graduate of Henan University, studied Jewish history and religion at Bar-Ilan University, near Tel Aviv, followed by studies at Machon Meir Yeshiva in Jerusalem.

The Kaifeng Jewish community hails from Persia and observes Sephardic tradition, he told the Jewish Tribune in an interview. For instance, the Torah case they use looks like a cylinder.  [...] 

Halachic parameters of sexual behavior

I was asked to give a presentation to a group of Jewish therapists regarding the halachos of sexual activity - in two weeks.

The request was motivated by the fact that child or wife abusers will claim that behavior "X" is permitted or that behavior "Y" is prohibited according to the halacha. Obviously a rav needs to be consulted in a particular case - but therapists also have to have an idea of basic issues as well as areas where there are legitimate alternatives.

However this is not limited to child abuse but includes even the general attitude of the halacha towards sex and marriage - needs to be explicated.

I would appreciate suggestions for issues or problems that you might think might need elucidation. I already have a section in my book about abuse which includes some of this material - but it needs some fine tuning.

4 Elior Chen followers guilty of abuse

YNET

Four members of the cult led by Elior Chen were convicted on Wednesday by the Jerusalem District Court of a line of serious offenses for their involvement in the children's abuse affair. One of the children who was abused is still in hospital in a vegetative state. [...]

Betrayal and Revictimization: Preliminary Findings

Psychological Trauma: Theory, Research, Practice, and Policy
© 2009 American Psychological Association 2009, Vol. 1, No. 3, 242–257

by Robyn L. Gobin and Jennifer J. Freyd University of Oregon

The link between childhood sexual abuse and subsequent sexual, emotional, and physical revictimization has been widely reported. The literature is limited, however, in its exploration of the extent to which the level of betrayal inherent in a given childhood traumatic experience affects the likelihood of experiencing similar revictimization in adolescence and adulthood. This study assessed revictimization within a betrayal trauma framework among a sample of 271 college students. As predicted, individuals who reported experiencing high-betrayal trauma at any time point (childhood, adolescence, or adulthood) were more likely to report experiences of trauma high in betrayal during adolescence and adulthood. Relative risk ratios suggest that those who experience childhood trauma high in betrayal are 4.31 times more likely to be victimized in adolescence and 5.44 times more likely to be victimized in adulthood. Logistic regression analyses identified rate of childhood high-betrayal traumas and high levels of traumatic symptoms as significant predictors of high-betrayal trauma victimization in adolescence. Finally, participants’ responses to an exploratory self-report measure examining the relationship among revictimization, awareness for interpersonal betrayals, and response to betrayals in interpersonal contexts were analyzed. Preliminary findings indicate that revictimization risk may be linked to inaccurate identification of specific intimate partner betrayals and the inability to engage in proper self-protection. Suggestions for future research and clinical implications are discussed.

The formation of healthy intimate relationships involves a willingness to trust others, a secure sense of self in relation to others, a good balance of reliance on and independence from the other, and the ability to appropriately regulate emotions in the face of conflict (Cole & Putnam, 1992). Adaptive social functioning in interpersonal relationships is based on a good conceptualization of appropriate and inappropriate behaviors as well as the ability to feel comfortable communicating personal boundaries and, when necessary, avoid or withdraw from relationships that may be emotionally, physically, or sexually harmful (Cole & Putnam, 1992; DePrince, 2005). The collection of harmful long-term consequences associated with childhood sexual abuse may render survivors vulnerable to involvement in unhealthy interpersonal relationships and, thus, vulnerable to later revictimization.

Frumkeit - self-centered religious instinct

Rav Wolbe (Alei Shur vol 2):On the narrow path to Truth in serving G‑d there is a major impediment which is called “frumkeit” (religiosity) – a term which has no clear and exact translation. “Frumkeit is the natural urge and instinct to become attached to the Creator. This instinct is also found amongst animals. Dovid said, “The lion cubs roar for their prey and ask G‑d for their food” (Tehilim 104:21). “He gives to the beast his food and to the young ravens who call to Him” (Tehilim 247:9). There is no necessity why these verses should be understood as metaphors [and therefore they will be read according to their literal meaning]. Animals have an instinctive feeling that there is someone who is concerned that they have food and this is the same instinct that works in man – but obviously at a higher level. This natural frumkeit helps us in serving G‑d. Without this natural assistance, serving G‑d would be much more difficult.

However this frumkeit, as in all instinctive urges that occur in man, is inherently egoistic and self-centered. Therefore frumkeit pushes man to do only that which is good for himself. Activities between people and actions which are done without ulterior motivations are not derived from frumkeit. One who bases his service of G-d entirely on frumkeit remains self-centered. Even if a person places many pious restrictions on himself – he will never become a kind person and he will never reach the level of being pure motivated. This is why it is necessary that we base our service of G-d on commonsense (da’as). (Study Sotah 22b lists 7 types of activities which it labels as foolish piety. Each one of them is a manifestation of frumkeit without commonsense). Commonsense has to direct our service of G-d. From the moment we desert commonsense and act only according to frumkeit, our Divine service becomes corrupted. This is true even for a person on the level of a Torah scholar. [...]