Call the police if other ways to stop abuse?

One of the critical issues regarding child abuse is whether to call the police.

There are a number of questions but perhaps the most relevant is - "If I can stop the abuse without calling the police, am I permitted to call the police?" [This is assuming that the abuser is viewed as a rodef - rather than concern with punishing the abuser. In such a framework the only legitimate motivation for action is preventing future harm. This is also not a problem where the government mandates reporting.]

 In an analogous case, many years ago as I was on my way to shul on Shabbos, I noticed that a power line had falled and was lying on a car - and was sparking. I had two choices, to  stand guard over that wire until after Shabbos or calling the power company. Another case is where there is a medical emergency on Shabbos which is life threatening. The doctor lives a block away. Do I have to walk over to his house or can I call him on Shabbos? This in fact is a dispute amongst the poskim whether the prohibitions of Shabbos are pushed aside or nullified in these cases.

Rav Moshe Halberstam (Yeschurun vol 15) writes:... To summarize the matter, in our case where it is not possible for the children to be on guard day and night to stop their father’s sins [of incest], there is only one solution and that is to report him to the police. Even though I cited before Gittin (7a) where Genieva harassed Mar Ukva who was not permitted to report him to the government. But here it is different where the father is sinning physically there is no other solution. … Therefore if you know of a particular person that he is currently sinning and doing evil with his own children, you are obligated to save them and report the matter to the police immediately. That is so that they lock him up in jail and they leave there for an extended period of time until his lusts subside and it is certain that there is no possibility there he will be able to repeat his disgusting deeds a second time. But if he is not involved now in sin but it is known that he does such things – then it would be proper to give him a warning that if it becomes known or it is heard that that he even touches a part of the finger nail of one of these children then he will go to jail for a long time.

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.