Consulting rabbi before calling social services or police
Despite the fact that the halacha is clear that a child molester should be reported to the police and in fact it is often required by secular law - the poskim generally state that a rabbi should be consulted first. It is obvious of course that if waiting to consult a rabbi results in danger or harm to the child - that the police should be informed without consulting a rabbi. In the normal case where there is time, however, why should it be necessary to consult a rabbi? Rav Sternbuch commented that where there are serious consequences of making a mistake - it is required that a rabbi be consulted for the sake of objectivity. Even if there is little chance of making a mistake, he said that a rabbi needs to be consulted “so the world should not be hefker (without structure and authority).”
In addition in this area besides the danger of misunderstanding information, there is also the possibility of false accusations. Students who want to settle a score with teachers or divorcing couples whose lawyers advise them to make false accusations to gain custody are a danger which a rabbi can help prevent. In most cases there is no danger to a child by consulting a rav first and if there is concern that there will be then the police should be contacted. It is always best to consult a rabbi who has a lot of experience in these matters and especially once who has close relations with mental health professions and government social agencies and the police. Even after consulting a psychologist or lawyer, a rabbi should still be consulted before going to the police. Not just because of the reasons already discussed, but also as protection against those who mistakenly consider all informing the police as being prohibited. These elements can not only harass those who go to the police but they can cause severe damage to them by their slander and criticism of the entire family.
Rejecting a rabbi’s psak when he says not to go to the police
One frequently encountered problem is when there is clear evidence of child abuse and yet the rabbi consulted says not to go to the police. He might say that the molester promised never to do it again or that the molester’s family or community or yeshiva might suffer significant financial losses or embarrassment. In other words if the rabbi is saying to sacrifice children for the sake of money or embarrassment or the disgrace to the community, it is clear however that this view has no basis in Jewish law. We don’t sacrifice innocent people for the sake of negative consequences to others. Rav Moshe Sternbuch commented that any rav who would say such a thing is not practicing as a rav. A rabbi has an obligation to provide protection to the victim. By definition it seems it is an unjust ruling. Any rabbi who makes such a ruling may be ignorant of either the halacha or he doesn’t understand what the molesting or wife abuse causes. Therefore if there is time - another rabbi should be consulted.
However an alternative reason that a rabbi might say not to report the molester is that he feels he can guarantee protection for children against the molester. For example he might threaten the molester with a severe beating or provides supervision or he claims the molester has repented and won’t abuse again. He might also claim he can provide therapy equal or better to a psychologist. While these seem to be logically equivalent to the police, the likelihood that they will be effective is not very high. Therefore one should find a competent rabbi who agrees that the police should be informed in the case of actual abuse. Rav Sternbuch commented that only a known talmid chachom posek can posken these problems.