Incest: Prevalence & challenges for society

The Atlantic   Here are some statistics that should be familiar to us all, but aren't, either because they're too mind-boggling to be absorbed easily, or because they're not publicized enough. One in three-to-four girls, and one in five-to-seven boys are sexually abused before they turn 18, an overwhelming incidence of which happens within the family. These statistics are well known among industry professionals, who are often quick to add, "and this is a notoriously underreported crime."

Incest is a subject that makes people recoil. The word alone causes many to squirm, and it's telling that of all of the individual and groups of perpetrators who've made national headlines to date, virtually none have been related to their victims. They've been trusted or fatherly figures (some in a more literal sense than others) from institutions close to home, but not actual fathers, step-fathers, uncles, grandfathers, brothers, or cousins (or mothers and female relatives, for that matter). While all abuse is traumatizing, people outside of a child's home and family—the Sanduskys, the teachers and the priests—account for far fewer cases of child sexual abuse.

To answer the questions always following such scandals—why did the victims remain silent for so long, how and why were the offending adults protected, why weren't the police involved, how could a whole community be in such denial?—one need only realize that these institutions are mirroring the long-established patterns and responses to sexual abuse within the family. Which are: Deal with it internally instead of seeking legal justice and protection; keep kids quiet while adults remain protected and free to abuse again. [...]

Given the prevalence of incest, and that the family is the basic unit upon which society rests, imagine what would happen if every kid currently being abused—and every adult who was abused but stayed silent—came out of the woodwork, insisted on justice, and saw that justice meted out. The very fabric of society would be torn. Everyone would be affected, personally and professionally, as family members, friends, colleagues, and public officials suddenly found themselves on trial, removed from their homes, in jail, on probation, or unable to live and work in proximity to children; society would be fundamentally changed, certainly halted for a time, on federal, state, local, and family levels. Consciously and unconsciously, collectively and individually, accepting and dealing with the full depth and scope of incest is not something society is prepared to do.

In fact society has already unraveled; the general public just hasn't realized it yet. Ninety-five percent of teen prostitutes and at least one-third of female prisoners were abused as kids. Sexually abused youth are twice as likely to be arrested for a violent offense as adults, are at twice the risk for lifelong mental health issues, and are twice as likely to attempt or commit teen suicide. The list goes on. Incest is the single biggest commonality between drug and alcohol addiction, mental illness, teenage and adult prostitution, criminal activity, and eating disorders. Abused youths don't go quietly into the night. They grow up—and 18 isn't a restart button.

Channel 4 film: Reporting abuse to police in London

channel4    [Update Program shown here Wednesday Jan 30]  An undercover investigation by Channel 4 Dispatches reveals that some rabbis in the Strictly Orthodox Jewish community forbid or discourage alleged victims of child abuse from going to the police.

There is no suggestion that child sex abuse is any worse in this religious community. However, the film exposes how the Strictly Orthodox, or Charedi, community's approach to child protection can leave children at risk and shield abusers from justice.

The programme, airing on Wednesday 30^th January on Channel 4, includes:

• Secret filming showing Rabbi Ephraim Padwa - who leads the Charedi community in London's Stamford Hill - instructing an alleged victim of child sexual abuse not to go to the police describing it as ‘mesira’, which means it's forbidden to report a Jew to non-Jewish authority.
• Hears about a family that reported an alleged child abuser to the police and was then harassed and driven out of the community - as one Rabbi says: "they would be cursed and spat at in the street and called informer”.
• Interviews members of a group of young Charedi men who became so disillusioned with the failure of rabbis to deal with complaints of abuse they have taken the law into their own hands by threatening and attacking alleged perpetrators.

On the eve of the broadcast - two leading British rabbinical authorities representing a wider spectrum of the Jewish community, have issued statements and guidance to their communities on how to report child sexual abuse – emphasising the importance of reporting such allegations to the police.[...]

Starling Murmuration in the skies over Israel

Ethiopian immigrants:Typically given birth control injections

LA Times     Rocked by a scandal involving birth-control treatments for Ethiopian Jews, Israel's health ministry issued new guidelines on the use of the injections known commercially as Depo-Provera.

In a recent letter to the country's four HMOs reported Sunday, Ron Gamzu, director general of the health ministry, instructed gynecologists against renewing prescriptions in cases where the patient does not fully understand the treatment's implications.

The ministry's new policy comes in response to a controversy exposed last month by local investigative journalist Gal Gabbay, who reported that Jewish Ethiopian women awaiting emigration to Israel in transit camps in Ethiopia were coaxed into the treatment with little medical explanation and led to understand this was a condition for moving to Israel. [...]

Immigrant women told the reporter this was the standard practice in the transit camps run by Jewish and Israeli agencies in Ethiopia in the last decade. Many women continued the course of treatment in Israel, where a sharp decline in birth rate has been noted among the Ethiopian community over the past decade. [...]

The expose sparked claims of mistreatment and racism, and prompted rights organizations to file official protests. The ministry official's letter stressed the new guidelines did not constitute a position on the claims and relate to all women, not just those from Ethiopian.

A Feud Between Biblical Archaeologists Goes to Court

Time Magazine   In the Old City of Jerusalem, no one ever went broke underestimating the proof required to help the faithful suspend disbelief — or in a modern twist, allow the skeptical to bolster their heterodoxy. A million-dollar lawsuit in Israel has become the latest vehicle in the unending quest to redefine faith as the substance of things seen.

Canadian documentary maker and biblical archaeologist Simcha Jacobovici is suing a retired scientist and former archaeological museum curator named Joe Zias, who has accused him of publicizing scientifically dubious theories. Many of Jacobovici’s documentaries have focused on artifacts that purport to reveal new interpretations of early Christianity, including the notion that the remains of Jesus and his family were buried in a tomb underneath modern-day Jerusalem. Jacobovici claims that Zias’ criticisms are libelous and have cost him television contracts and money. [...]

The son of Romanian holocaust survivors, Jacobovici is an Emmy-winning journalist who has produced several films in the past decade about new finds that supposedly illuminate the true history of early Christianity. Jacobovici’s first foray into the biblical-documentary genre was a 2002 film The Jesus Discovery that introduced the world to the James ossuary, a bone box with an ancient Aramaic inscription translated as James, son of Joseph, brother of Jesus. Even as Jacobovici’s film characterized the ossuary as an authentic archaeological discovery, scholars and the Israeli authorities claimed the inscription as a fake. Discovery Channel aired the film but, in 2008, it put the James ossuary on its list of the top 10 scientific hoaxes of all time. Last year, after an eight-year trial about biblical-relic forgery for profit, a judge acquitted two defendants of fraud (one of them had been accused of faking the inscription) but declined to rule on the alleged forgery itself.

Jacobovici then made a film about the so-called Talpiot Tomb — named after the Jerusalem neighborhood where it was excavated — contending that 10 ossuaries found inside it had held the bones of Christ and his immediate family, including Mary Magdalene. That project had backing from Hollywood’s James Cameron, the director of Titanic and Avatar. Jacobovici then produced Nails of the Cross, a show that claimed that iron spikes excavated by the Israel Antiquities Authority (IAA) from a tomb in Jerusalem in 1990 were the very nails used to pin the Saviour to the cross. Nails of the Cross aired on Israeli TV and the History Channel.

In all this Zias, 71, has emerged as Jacobovici’s nemesis. Retired from his job as a professional anthropologist, he now makes a living guiding bike tours around the Israeli countryside. He knows the murky world of biblical-relic trading as well as anyone, having spent 25 years working for the IAA, the tiny Israeli agency charged with overseeing excavations in 30,000 archaeological sites. He lives in a three-room house in central Jerusalem with his wife and daughter. He says he can’t afford to pay the lawyer he’s hired to defend him and claims he is on the verge of bankruptcy because of the suit. [...]

Israeli Secularists Appear to Find Their Voice

NY Times   Now, Mr. Lapid’s stunning success in last week’s election, in which his new Yesh Atid became Israel’s second largest party, is being viewed by many voters, activists and analysts here as a victory for the secular mainstream in the intensifying identity battle gripping the country.

The catchphrase of Mr. Lapid’s populist campaign, and now a core principle of the negotiations to create Israel’s next governing coalition, is “sharing the burden.” That refers directly to lifting the widespread draft exemptions for the ultra-Orthodox, integrating them into the work force, and shifting the balance of who pays taxes and who receives government aid. But it is also code for a broader sociological shift, a call to push back against the ultra-Orthodox minority’s outsize influence in the public sphere, including efforts to gender-segregate buses, sidewalks and stores in their neighborhoods and strict rabbinical controls on marriage, divorce, conversion and adoption statewide.  

“All of a sudden there was a change in seculars in Israel — they see themselves also as a sector that needs to fight for themselves,” said Mickey Gitzin, director of Be Free Israel, a group founded in 2009 that advocates for equality and religious pluralism. “People say, ‘Wait a minute, I don’t see myself as part of a society where women cannot sit in the front of the bus.’ People don’t want to be part of such an extreme society.” [...]

In the speech to the ultra-Orthodox at Ono Academic College, Mr. Lapid spoke pointedly about overhauling the draft and the core curriculum, but also called for a sort of détente.

“I realize you don’t want your kids to play with my kids in the public playground, and I try very hard not to take offense,” he said. “But there’s no reason why we can’t find a way to live next door to each other without my having to fear that you’ll proselytize my kids, and without you having to fear that I’ll corrupt your kids.”

Child pornography & Restitution for a lifetime of shame

 This explores the issue of the consequences of the legal requirement to compensate victims of sex crimes - which can result in some cases of payments per victim of millions of dollars. In addition whether the payment should mitigate prison sentences? This also raises the question of whether themoney should simply be paid to the victim and her lawyer - where it could be used for unwise purposes - or whether it should be designated for things such as therapy. The article raises the uncomfortable question of victims of certain crimes becoming wealthy while those of other equally traumatic - receiving nothing. Finally the role of lawyers and their profit motive is very disquieting. It is a new type of ambulance chasing.

NY Times    The detective spread out the photographs on the kitchen table, in front of Nicole, on a December morning in 2006. She was 17, but in the pictures, she saw the face of her 10-year-old self, a half-grown girl wearing make-up. The bodies in the images were broken up by pixelation, but Nicole could see the outline of her father, forcing himself on her. Her mother, sitting next to her, burst into sobs. 

 The detective spoke gently, but he had brutal news: the pictures had been downloaded onto thousands of computers via file-sharing services around the world. They were among the most widely circulated child pornography on the Internet. Also online were video clips, similarly notorious, in which Nicole spoke words her father had scripted for her, sometimes at the behest of other men. For years, investigators in the United States, Canada and Europe had been trying to identify the girl in the images. [...]

Marsh researched legal remedies for Amy. Combing through his casebooks, he found a provision in the Violence Against Women Act that he had never heard of before: it gave the victims of sex crimes, including child pornography, the right to restitution or compensation for the “full amount” of their losses. Enumerating what those losses could be, Congress listed psychiatric care, lost income and legal costs and concluded, “The issuance of a restitution order under this section is mandatory.”

The provision for restitution, enacted in 1994, had yet to be invoked in a case of child-pornography possession. The basis for such a claim wasn’t necessarily self-evident: how could Amy prove that her ongoing trauma was the fault of any one man who looked at her pictures, instead of her uncle, who abused her and made the pornography?

Marsh suggested that Amy see a forensic psychologist, Joyanna Silberg, who evaluated Amy and said she would need therapy throughout her life and could expect to work sporadically because of the likelihood of periodic setbacks. Silberg attributed these costs — Amy’s damages — to her awareness of the ongoing downloading and viewing. “Usually, we try to help survivors of child sexual abuse make a very strong distinction between the past and the present,” Silberg, who has given testimony on Amy’s behalf for restitution hearings, told me. “The idea is to contain the harm: it happened then, and it’s not happening anymore. But how do you do that when these images are still out there? The past is still the present, which turns the hallmarks of treatment on their head.” [...]

 Marsh put together a lifetime claim for Amy totaling almost $3.4 million. With the crime notices arriving in the mail, Marsh started tracking men charged with possession of her pictures. He looked, in particular, for wealthy defendants. He planned to use the concept of joint and several liability to argue that each defendant should be on the hook for the full amount of his client’s damages — that is, for millions of dollars. Joint and several liability is often used in pollution cases: when several companies dump toxic waste in a lake over time, a plaintiff can go after the company with the deepest pockets, and a judge can hold that single company responsible for the entire cost of the cleanup — with the understanding that it’s up to that polluter to sue the others to pay their share.

Zohar: Rav Kasher's discussion of its authenticity

Daat

תוכן המאמר:

פתיחה

א. השתלשלות הוויכוחים על הזוהר

ב. ביטול ההוכחות המייחסות את הזוהר לר"מ די ליאון

ג. יישוב לקושיות על סגנון לשונו של הזוהר

ד. כתבי היד שנתגלו מוכיחים קדמות הזוהר

מילואים - המשנה והזוהר

תקציר: המחבר מסביר את המחלוקת בשאלת הזוהר ומחברו, ומביע את דעתו האישית בנושא הנידון.

בשנת תש"א יצא לאור בירושלים ספר בשם

Major Trends in Jewish Mysticism

מאת פרופ' ג' שלום, בו מברר באריכות שאלת הזוהר ומחברו ודעתו עם אלה המייחסים אותו לר' משה די ליאון ולא עם אלה שמקדימים אותו.

גם לדעת תלמידו י' תשבי בספרו "משנת הזוהר", שהופיע בירושלים בשנת תש"ט נתחברו החלקים העיקריים של הזוהר על ידי ר' משה די ליאון ואין בספר שום חלק שקדם לו. ובמבוא לספרו הוא מחליט, שיש לראות במסקנת רבו "חתימת המחלוקת הגדולה על חיבור הזוהר ומחברו, שנמשכה דורות רבים במדע היהדות".

הרבה שנים חיכיתי, שיעמוד מי מחכמי ישראל הנאמנים ויטפל בשאלה זו, ברם לשווא חיכיתי. כשאני לעצמי יש תחת ידי בכתב יד חומר לספר "מדרשי חז"ל והזוהר", בו דנתי על מאות מאמרי הזוהר שהבאתי בי"ז כרכי "תורה שלמה" על פי השוואות עם מדרשי חז"ל, בייחוד עמדתי שם על מאמרי חז"ל המובאים בראשונים ואינם במדרשי חז"ל שלפנינו ושייכים לספרות הזוהר ומדרש הנעלם. ר' דוד לוריא בספרו "קדמות ספר הזוהר", ענף שני, הביא מספר מאמרים כאלה להוכיח קדמות הזוהר ואני המשכתי בהבאות כאלו ובעיקר הראיתי על מדרשים וספרי קדמונים שנתגלו מכתבי יד בתקופות האחרונות. כן אני דן שם על הרבה שאלות וחקירות על הזוהר ועל היחס שבין הזוהר וספרי ר"מ די ליאון. וכיון שמרוב טרדותיי אינני פנוי עכשיו לסדר את כל החומר שנצטבר אצלי אמרתי: כדאי לעמוד, לכל הפחות, על נקודות אחדות בנושא חשוב זה.

ראשית כל, עלי להעיר שלאחר שעברתי בעיון על ספריהם של שלום ותשבי על המקורות שעליהם בנו השקפתם, מוצא אני שמאותם המקורות יש להכריע ממש להפך מדבריהם, שהרי נתברר לנו כעת מתוך ספריו הנדפסים של ר"מ די ליאון "הנפש והחכמה" ו"שקל הקודש" ובייחוד מתוך שני ספריו, שהם עדיין בכתב יד, ספר "הרמון" ו"משכן העדות", שאין שום ספק, שר"מ די ליאון לא חיבר את הזוהר, אלא השתמש הרבה בכתבי יד של הזוהר שלפניו ותירגם הרבה קטעים לעברית. בפרקים שלהלן אברר, ששלום ותשבי שגו ביסודות שעליהם בנו השקפתם בהשוואת ספרי ר' משה די ליאון אל הזוהר. ובדרך כלל כל הקורא בעיון בספרי ר' משה די ליאון ייווכח, שסגנונו, דרכי הבעה שלו, ביטויו, תיאור הנושאים ואופני ההסברה וההרצאה של ר"מ די ליאון רחוקים מדרכו של הזוהר כרחוק מזרח ממערב. אין היד שכתבה ספרים אלה מוכשרת ואינה מסוגלת לכתוב, לא רק את אלף ושבע מאות העמודים הנדפסים של הזוהר, אלא אפילו פרק אחד של הארמית המקורית והחיה שבזוהר.

הזוהר הוא יצירה ענקית מיוחדת במינה. סגולה נפלאה יש לו לספר זה לעורר ולהלהיב את בני אדם לקדושה עילאית. זהו ספר המדבר ללב האדם והילכך אהוב הוא ונערץ כל כך בכל הדורות אצל יראים ושלמים. ואין לו דמיון כלל לספרי ר' משה די ליאון, שהם ספרים רגילים, כמו שאר ספרים שנתחברו באותה תקופה במקצוע זה.

את האמת אגיד, שאיני יכול להבין מהלך מחשבתם של שני המחברים הנזכרים, לאחר ששלום עצמו כותב, שאנו מוכרחים להודות, שיש חלק גדול בזוהר, שהארמית שבו מצוינת ונשנית מפי חכמים, שהלשון הארמית חיה בפיהם. וגם תשבי כותב, שיש לו לזוהר סגולות ספרותיות מיוחדות פאתוס נשגב ונמלץ, לשון פיוטית ציורית, יצירה חיה ומגוונת וכו' וכו', הרי נשאלת השאלה: כלום אפשר למצוא אפילו אחת מכל אלו המעלות בספרי ר' משה די ליאון? וכיצד אפשר למצוא אפילו אחת מכל אלו המעלות בספרי ר' משה די ליאון? וכיצד אפשר תוך כדי כתיבה לשכוח הכל ולכתוב שכבר נפתר באופן מוחלט, שר' משה די ליאון חיבר את הזוהר ואין בספר שום חלק שקדם לו

Weberman: What is the message of 103 year sentence?

Wall Street Journal   Other close observers of the Satmar community worry about the outcome of the Weberman trial. Dovid Zwiebel, vice president of Agudath Israel America, a group that works closely with Brooklyn's Satmar population, said the case should have been handled more "delicately." 

"Many people felt it wasn't as if Mr. Weberman was on trial, it was as if the community was on trial," he said. 

Mr. Zwiebel, who said he applauded the crackdown on abuse, worried that a 103-year sentence might suggest "the system is rigged against Hasidic Jews."

"The reaction I've heard from many is maybe we shouldn't be cooperating with law-enforcement authorities," he added.

Mr. Hynes said his office asked for the maximum prison term knowing that the sentence—similar to those given to others convicted of such sex-abuse charges—would likely be cut to 50 years on appeal, which is typical in such cases. 

But that change might come too late to alter the perceptions of the community. 

Even Mr. Hikind, one of the most determined advocates for stepped-up prosecutions of sexual abuse within the Orthodox communities, questioned the wisdom of the sentence.

"As horrible as all of this is, I would have been happier if it would not have been 103," he said. "This almost says to people who already have a chip on their shoulder that the Orthodox community isn't getting a fair shake that they're right."

Judge rejects Torah Temima's attempt to settle in Kolko case

Thomson Reuters   A Brooklyn judge has rejected an Orthodox Jewish day school's attempt to settle a civil lawsuit brought by a boy who said he had been sexually abused by one of the school's teachers.

Supreme Court Justice Jack Battaglia denied Yeshiva & Mesivta Torah Temimah Inc's motion to enforce a confidential settlement because the parents of the alleged abuse victim changed their minds and rejected the deal after they signed it in 2011.

"The court cannot say on the record presented that the refusal of (plaintiff)'s parents to proceed with the settlement in accordance with the Feb. 15, 2011, settlement agreement is unreasonable, arbitrary and capricious," Battaglia wrote in a ruling Wednesday. [....]

In 2011, the parties reached a confidential settlement agreement, which was signed by the boy's parents, the ruling said. Days later, the parents reversed course and said they no longer agreed to the settlement, which they said had been signed under "duress," the ruling said.

The parents also said they had come under fire from some members of their community. A rabbi at the school told them they would "bankrupt" the yeshiva and destroy it in the way "the Nazis (have) destroyed" the "yeshiva in Europe," the ruling said.

Lawyers for the school disputed that the parents had signed under duress, according to the ruling. They moved for an order approving an infant compromise, which would allow the court to approve a settlement involving a claim brought by a minor.
Battaglia rejected the request.[...]


Kolko, a first-grade teacher who taught at the Yeshiva Torah Temimah in Brooklyn, was indicted by local prosecutors in 2007 for sexually abusing a former student. In 2008, he pleaded guilty to two counts of endangering the welfare of a child and was sentenced to three years' probation.. [...]

It is unclear if the boy in the criminal case is the same as the one in the civil lawsuit before Battaglia. It is unclear whether Kolko still teaches at Yeshiva Torah Temimah.

Father Gordon MacRae: "What the Jews know of Justice"

The following is an excerpt from a recent post by Father Gordon MacRae who has been imprisoned for 18 years  - apparently based on false charges. His comments underline the fact that the suffering of child abuse - both that of victims and the falsely accused - must be dealt with fully and openly as a society. When a community - whether Jewish or non-Jewish, secular or religious - betrays the victims and those falsely accused in order to  protect their public image  - the resulting soul searing anguish is perhaps worse than the abuse itself. The G-d given goal of society is justice to protect individuals - not to sacrifice them.

 ================================

These Stone Walls   [...] WHAT THE JEWS KNOW OF JUSTICE [...]

One of our earliest TSW subscribers is Jacob, a devoutly Jewish man from the San Francisco Bay area. Jacob writes to me on occasion, though as usual I’m very delinquent in responding. One of Jacob’s letters has always stood out. He wrote that the pursuit of justice is valued very highly in the Jewish community. He wrote that the Torah admonishes us three times that, “Justice, justice, justice shalt thou seek.”

Catholics – and I’m not excluding bishops and priests – could learn a few things about justice from our spiritual ancestors, the Jews. Late last month, a TSW reader sent me an example in a surprising December 16 blog post entitled “Father Gordon MacRae – Imprisoned for Abuse Payoff?” It was posted by psychologist and rabbinical scholar, Daas Torah on his website of the same name. The site is subtitled “Issues of Jewish Identity.” Daas Torah has authored several books on child and domestic abuse in the Jewish community and is considered an expert in this field.

After a decade of official Catholic efforts to appear sufficiently harsh and unmerciful in heavy-handed condemnation of accused priests, Catholic leaders might take a cue from Daas Torah and the Jewish community’s grappling with these same issues. Some of the comments by Daas Torah’s readers on his post about me reveal a basic tenet of justice that somehow became lost as we addressed the burgeoning Catholic scandal a decade ago. Daas Torah’s Jewish readers are firm in their opinion that victims of real abuse are not at all served by presumptions of guilt and sabotaging the rights of the accused. Here’s an example by a commentator reacting to Daas Torah’s presentation of the case against me:

“Innocent victims who were targeted by false allegations . . . is another thing the victim community does not want to hear . . . Don’t assume that all victims consider themselves to be well-represented by the political activists. Many victims are exceptionally sensitive to injustice. This is also true in the Catholic community, where groups like SNAP want to bury cases like MacRae’s because they undermine sound-bite propaganda.”

Daas Torah’s post included a link to a 2012 update on this story. As a prisoner with no on-line access, I had only a printed version that was sent to me so I had to ask someone to go online to find out what this “update” link was. Surprisingly, it’s a link to an article by Ryan MacDonald entitled, “Judge Arthur Brennan Sentenced Father Gordon MacRae to Die in Prison.”

Fellow Catholics, take note of this. Salvation came to us from the Jews. And lest any of us wonder whether Catholics are ready to hear another side of this decade of scandal in the Catholic Church, we need look no further than The Media Report which a few weeks ago posted its year end “Top Ten Stories of 2012.” In Part 2 of that post, the Top Five, The Media Report’s most visited and cited story of 2012 was David Pierre’s coverage of my defense in “Exclusive Report: Alarming New Evidence May Exonerate Imprisoned Priest.” [...]