I am writing to you about finding sources in halacha regarding sexual abuse. I have an adult client who was molested by an adult from the age of 12-18. This adult man was responsible for her housing and care. She was told by her rabbi that she bears no responsibility even though she sometimes took the initiative. She clearly has emotional and psychological problems and a low I.Q. However she understands right from wrong and knows that after 12 she is an adult. She doesn't understand why she is responsible if she transgresses Shabbos or doesn't say a beracha before she eats but she is not responsible in this area. She definitely is very upset by what she did as well as being told she didn't sin.
Any suggestions of where I might look to find this information?
In secular law there is a concept called a fiduciary relationship where one person is dependent on another because of trust or expertise or authority. It accepts that because the relationship is not equal one party will submit to doing things against their free-will and is therefore not held accountable. Thus in the realm of sexual abuse a commanding officer having a sexual relationship with a subordinate would be considered rape rather than an act of free-will. It sometimes also applies teachers and students, employers and employees as well as rabbi's and congregants. Is there a comparable view in halacha?
All I could find is that the seduction of a child is considered rape by all authorities - except for the Rambam. For an adult the only exemption is if she is a shoteh. Any suggestions?
Recent lawsuit concerning whether in NY State - rabbi-congregant is considered fiduciary relationship
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Recent lawsuit concerning whether in NY State - rabbi-congregant is considered fiduciary relationship
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Update - these are the halachic issues that need clarification:
Questions 1) Tinok shenishba (Shabbos 68a) : If she lives a life sheltered from knowledge of sexuality – has she sinned by participating in sexual activity? In other words is she a tinok shenishba in regards to sexuality? In fact this is even more of an excuse than tinok shenishba in that she has been taught by authority figures that the sexual activity is permitted.
Question 2) yetzer elabasha (Kesubos 51b) - Even if she knows it is wrong do we say that if she were abused as a child but she enjoys and participates as as 12 year – do we say “at first it was rape but then it becomes willing and therefore she is patur? Would we also say this if she was first abused as a 12 year old? Or is this leniency only for a single act of intercourse but it doesn’t carry over to the future? The Hafla’ah (Panim Yofos Vayikra 20:17) says that she is guilty only if she was warned in between sexual acts - while Kerisos (15a) indicates that each maaseh bi’ah is viewed separately.
Question 3) Does halacha acknowledge that there are authority figures such as a father or rav whose authority or trust overcomes free-will and therefore seduction by an authority figure is considered rape – even for an adult?
Question 4) Does halacha acknowledge that sexual abuse – where there is psychological trauma and strong conflicting feelings that involve guilt and shame – that the victim isn’t viewed as sinning even if at some point he/she initiates the activity?