Dr. Lipner's critique of the Elon scandal

I recently asked Dr. Asher Lipner whether he would have handled the Elon case differently. Below is his reply which he has given me permission to publish.

Dr. Lipner wrote:

I would have publicized it as soon as I knew there was Ragalyaim Ladavar and avoided two things.

1. Elon's ability to hurt more people.

2.The Chillul Hashem of people seeing that Orthodox Jews prefer to cover up their mistakes rather than protect people. Not only do they not care about others....they don't even care about their own children. Like a police officer in Baltimore said "Jewish parents are worse than Catholics. They protect their rabbis rather than their own children." We are back to the times of Aycha where "the hands of righteous women cooked their own children."

Secondly, if, bedieved, I had screwed it up, I certainly would not BRAG about it the way Rabbi Lichtenstien did, saying that "our first most important priority was to keep it quiet and protect the reputation of the alleged sinner". First of all, I'm not sure why this is a priority at all, other than the real reason that all rabbis want to protect the image of other rabbis because it protects their own power. Secondly, it certainly is not the first priority of a civilized people, especially ones who are commanded by their G-d to protect innocent people, save lives, love neighbors, heal the sick, stop sin, pursue justice, speak the truth, etc.

Let's make this simple: Hillel said that you should not do to others what you don't want them to do to you.  That's the WHOLE Torah. If the Takana gang had family members who were going to Elon over the past four years for "private counseling" (no matter where he had been 'banished' to) would they have allowed that to go on undeterred? I think not. I suspect that they would warn their own friends and family to stay far, far away. How could it be then that these "Torah observant" Jews, refrained from warning OTHER people's friends and family's? The letter published by one mother of a victim full of shock and pain was enough for anyone with an ounce of compassion to realize the travesty that was done in Israel. Rabbi Lichtenstien actually cried publicly about what? About his mistake? About the people who were traumatized? Nope. About the fact that he was forced to do a mitzvah! That he had to stop the rasha and protect innocent people.He should have been making a seudas hoda'a that he had such a zchus. The Torah, once again, has been distorted, twisted and bastardized into some form of Avoda Zara that is cruel and inhuman. What is practiced today is barbaric.  It is not Judaism. It is a much more dangerous thing than Reform or Conservative Judaism which do not claim to be the mesorah.

On the positive side, at least Takana did eventually admit the truth because it was about to be exposed by the secular press.  This shows they still maintain a degree of "busha" one of the three midos that define a Jew.  There is therefore some hope for the Modern Orthodox to get back on track, learn from this fiasco and not let it happen again. The Agudah Gedolim on the other hand....not so much. They have no busha left. None. They will never admit they goofed with Tropper. I told Rabbi H. that "Daas Torah means never having to say you're sorry." He corrected me. "Daas Torah means you never did anything wrong to begin with."

Unusual therapy for spouse abuse (excerpt)

OUTSIDE THE BOX by Dr. Baruch Shulem


One of the saddest unintended findings of this book is that “psychotherapy” is not the answer for abusive men. It is, on occasion, but only ‘on occasion’ the answer. We believe any ‘real expert’ in the treatment of abuse will have a wide variety of possible solutions for the highly complex problems found within the single name “abuse”. We have identified a wide variety of interventions that can be called ‘remedial’. They start with a simple verbal warning and move to more intense intrusive interventions of psychotherapy, chemical castration, electronic oversight, professional supervision, using the courts, community prevention programs, changing professions of the abuser, police, and even imprisonment.

We call this flexible approach ‘thinking outside the box’. Unfortunately ‘inside the box’ has been almost solely rabbinic supervision or psychotherapy. Being confronted by both the complexity of the problem of abuse and its depressing rate of recidivism it is apparent that alternative methods must be identified, implemented and evaluated as to their effectiveness.

In my own limited way I have tried to use this book to step ‘outside the box’ of my professional training which can be summarized as “you are (only) a psychotherapist”. I would like to present another attempt on my part at ‘stepping out’: a rather unusual therapy case – in which we only talked, but I did not use the standard operating procedure generally associated with talk therapy. This is a version of an article I wrote and published in Tales of Solutions: A Collection of Hope-Inspiring Stories, editors: Insoo Kim Berg and Yvonne Dolan, W.W. Norton, N.Y., 2001

STAYING SICK AND BUT GETTING BETTER

A woman in her late fifties came to see me about getting help for herself. She put three pre-conditions down as the basis of our working together. These conditions are frequently encountered in the Chareidi world. The first was that I would not notify anyone of what was happening to her; Second, we would not discuss divorce as an option; Thirdly, I would not involve her husband in the therapy. I said I would be willing to start but would be free at any time to withdraw from our work if I thought it was inappropriate for me to continue because of these conditions. That was my condition.

She told a story of being abused from her wedding night on, both physically and emotionally. She said that she was young and inexperienced [continued in the Abuse Book]

Depression: Does psychiatry treat it scientifically?

New Yorker

You arrive for work and someone informs you that you have until five o’clock to clean out your office. You have been laid off. At first, your family is brave and supportive, and although you’re in shock, you convince yourself that you were ready for something new. Then you start waking up at 3 A.M., apparently in order to stare at the ceiling. You can’t stop picturing the face of the employee who was deputized to give you the bad news. He does not look like George Clooney. You have fantasies of terrible things happening to him, to your boss, to George Clooney. You find—a novel recognition—not only that you have no sex drive but that you don’t care. You react irritably when friends advise you to let go and move on. After a week, you have a hard time getting out of bed in the morning. After two weeks, you have a hard time getting out of the house. You go see a doctor. The doctor hears your story and prescribes an antidepressant. Do you take it?

However you go about making this decision, do not read the psychiatric literature. Everything in it, from the science (do the meds really work?) to the metaphysics (is depression really a disease?), will confuse you. There is little agreement about what causes depression and no consensus about what cures it. Virtually no scientist subscribes to the man-in-the-waiting-room theory, which is that depression is caused by a lack of serotonin, but many people report that they feel better when they take drugs that affect serotonin and other brain chemicals. [...]

Technology & Torah: Are Luddites good Jews?

Five Towns Jewish Times

There is a growing tendency among the Torah world to reject technology and innovation.  The rejection has reached an extremeness bordering on a Talibanesque fundamentalism, unseen throughout our history.  A good case can be made that this rejection runs counter to true Torah Judaism, and should not be subsumed under the rubric of Ailu veAilu divrei Elokim Chaim.

Before we examine and analyze it, it may be instructive to examine a well known Gemorah in Meseches Avodah Zarah (2b).  The Talmud tells us that in the future the western powers will stand before Hashem and declare that all their technological innovations were made by them for the sole purpose of enabling Klal Yisroel to learn Torah.  Hashem responds, “You are the greatest fools in the world!  You paved streets and created side streets for your own licentious purposes!  You built bathhouses for your own pleasures!” [...]

Brain differences and cultural neuroscience

Newsweek

By now, it should come as no surprise when scientists discover yet another case of experience changing the brain. From the sensory information we absorb to the movements we make, our lives leave footprints on the bumps and fissures of our cortex, so much so that experiences can alter "hard-wired" brain structures. Through rehab, stroke patients can coax a region of the motor cortex on the opposite side of the damaged region to pinch-hit, restoring lost mobility; volunteers who are blindfolded for just five days can reprogram their visual cortex to process sound and touch.

Still, scientists have been surprised at how deeply culture—the language we speak, the values we absorb—shapes the brain, and are rethinking findings derived from studies of Westerners. To take one recent example, a region behind the forehead called the medial prefrontal cortex supposedly represents the self: it is active when we ("we" being the Americans in the study) think of our own identity and traits. But with Chinese volunteers, the results were strikingly different. The "me" circuit hummed not only when they thought whether a particular adjective described themselves, but also when they considered whether it described their mother. The Westerners showed no such overlap between self and mom. Depending whether one lives in a culture that views the self as autonomous and unique or as connected to and part of a larger whole, this neural circuit takes on quite different functions. [...]

Abuse book - "A survivor's story" [excerpt]

After much thinking I decided to write my story. After reading it, some may call it dramatic; professionals will call it traumatic but to me and others who have gone through this road will say its pure horror. I am sharing it with the world, so others may learn something and I hope it will prevent others from this horror.

I am writing this with a tremendous amount of pain. Not an hour went by in the last 20 years that I wasn’t thinking about my sexual abuse. I live a life of pain, shame, humiliation and above all a tremendous amount of guilt. I feel guilty that I caused my father and siblings so much pain while never telling them what’s going on so they can act on it and stop it. I feel very guilty that I got married to the most beautiful woman and not telling her at the time that I was abused. She is holding me strong while she is suffering a great deal. Worst of all I can never forgive myself for not running to the police. I had the power to stop my abuse. How can I ever face the other victims who were so viciously violated by my abuser? If I would only be given the right guidance by the rebbe that I told of the abuse or by the other rabbyim he told it thereafter he would have been stopped. I can forgive them for not knowing what to do. I will never forgive them for not listening. I will never forgive them for not wanting to know. I will never forgive them for not asking more questions. I understand that you don’t have to believe right away an accusation but how am I allowed to forgive him for calling me a liar and not investigating after I was sexually abused in the most horrific way possible, after I was beaten and threatened with my life all while I didn’t have a mother to cry to. I am going to sleep every single night thinking of the victims I could have prevented. I have nightmares that they will never forgive me for what I have not done to save them. So I am writing my story and hopefully it will ease a little bit of my pain hoping it will save at least one child in the future.

Here is my story:
.
My name is Pinny. I grew up in a very chasidish family in Williamsburg, Brooklyn, NY. I was the sixth of nine children. I was always considered the happiest of the bunch, always joked around and friends with everyone. My mother always showered us with love. She was soft spoken; she was everything you can wish from a mom. My father loved us just as much, but he was very chasidish, frum and strict.

When I was 10 years old my mother fell ill to colon cancer. While she was fighting her life battle, she was always strong and taught us to be strong, never to give up. She was fighting her cancer until a month and a half before my Bar Mitzvah, when she passed away. My bar mitzvah of course was very different then others but it were the happiest day for me.

After the bar mitzvah I continued learning in the same yeshiva in Williamsburg since nursery until the age of 14, Pasach 1989. On the advice from a few good men helping our family, I was sent to Israel to yeshiva. They decided that since we have a large family and no mother it will be easier for my father and me if I am abroad in a structured environment. I was very excided going to Israel to yeshiva but after a month or so I felt very homesick. My mother passed away a year ago and here I am away from my family. I insisted on coming back home for the next zman. For the following winter zman I was placed in a yeshiva in Boro Park. It was a pretty average chasidish yeshiva. I adjusted well and made friends right away. As a matter of fact I quickly became one of the more popular kids.[rest to be published in Abuse Book]

Arab students harass Israeli Ambassador

Mrs Yitta Schwartz a.h. - had 2000 descendants

NYTimes

WHEN Yitta Schwartz died last month at 93, she left behind 15 children, more than 200 grandchildren and so many great- and great-great-grandchildren that, by her family’s count, she could claim perhaps 2,000 living descendants.

Mrs. Schwartz was a member of the Satmar Hasidic sect, whose couples have nine children on average and whose ranks of descendants can multiply exponentially. But even among Satmars, the size of Mrs. Schwartz’s family is astonishing. A round-faced woman with a high-voltage smile, she may have generated one of the largest clans of any survivor of the Holocaust — a thumb in the eye of the Nazis.

Abuse book - American Legal System - Shlomo Singer assist D.A.

This article will be divided into several parts. The first section will discuss my background in dealing with sexually violent predators (SVPs) and what I have learned from working within New Jersery’s SVP scheme. The second section will delineate some of the specific factors within the frum community which must change in order to address the current situation. Last, I will provide some basic advice for people dealing with sexual predators. After graduating from law school, I served as the law clerk to the Honorable Philip Freedman and Serena Perretti. Judges Freedman and Perretti were Superior Court judges in New Jersey; however unlike other judges they were the only judges in the state to hear cases under New Jersey’s Sexually Violent Predator Act

By way of a brief background the SVPA was enacted for the purpose of civilly committing offenders who had completed their prison terms but were still deemed to pose a significant risk of reoffending. While New Jersey has a prison specifically set up for sexual offenders, it has been proven that incarceration alone will not “cure” SVPs. Therefore, prior to an offender’s release from prison, the State has the right to petition for commitment under the SVPA. Respondents are entitled to an initial hearing, and, if committed, yearly hearings to determine whether they are still SVPs. While conducting these hearings, the State normally provides testimony of both a psychologist and a forensic psychiatrist to assist the judge in formulating his or her opinion. The doctors’ opinions are formulated based on the offender’s convictions, unreported deviant activity, and participation in therapy. The standard that must be met is that the committee must have a “mental condition that affects [his] emotional, cognitive or volitional capacity in a manner that predisposes [him] to commit acts of sexual violence.” The New Jersey Supreme Court has ruled that “A finding of a total lack of control is not necessary. Instead, a showing of an impaired ability to control sexually dangerous behavior will suffice….”

While I do not have statistics, it is fair to state that the State has rarely, if ever, been unsuccessful on its initial petition to have an offender committed as an SVP. This is so because the Attorney General, who prosecutes these cases for the State, controlled which cases it prosecuted. It was evident that few SVPs were ever released from their civil commitment. Moreover, those who were released were subject to community supervision for life. One of the major reasons why committees were not released was because of their unsatisfactory participation in treatment. Another issue that was routinely brought to light was committees minimizing their deviance. Observationally, it seemed somewhat oxymoronic to criticize people with diagnosed mental abnormalities for not properly participating in treatment.

Aside from the SVPA scheme, New Jersey’s Megan’s Law mandates different levels (referred to as tiering in the legal field) of registration and limitations for people convicted of sex offenses. Failure to register as required constitutes a third degree crime. Megan’s Law also requires notification of neighbors in certain instances. It is unclear what percentage of persons charged with Megan’s Law crimes plead guilty to crimes that do not require registration. Nonetheless, prosecutors who specialize in this field are usually weary of amending a charge which would require registration without the presence of extraordinary circumstances.

Based on the hundreds of hours of testimony that I witnessed, some of my personal observations from my clerkship are as follows: [...]

R' Balkany arrested for extortion

Courthousenews

NYTimes

Rabbi Milton Balkany, the director of a Brooklyn Jewish day school, was on the phone last month with a proposition for a man he had never met, the president of a giant Connecticut hedge fund, SAC Capital Advisors, The New York Times’s Alan Feuer reports.

The matter required tact. The rabbi, who often counsels Jewish inmates, had recently met a prisoner at the Otisville Federal Correctional Institution, a prison in Orange County, N.Y., who had told him that the hedge fund had been trading on illegal information. Rabbi Balkany was calling now, the government contends, to make a deal: $4 million for two religious schools in Brooklyn — one of them his own — in exchange for the prisoner’s silence. [...]

Rav Sternbuch: Life in Prison