Abuse:Halachic & Ethical Dilemmas I

Pitputim/Guest post    Consider this scenario

The family of a victim of sexual abuse approaches the abuser and their family. The family of the abused has not yet reported the said abuse to the police; instead they initially confront the abused and their family. The situation becomes complicated and lawyers are brought in. Lawyers for both sides settle on an agreement involving some “compensation.” In return the abuser agrees to plead guilty to a somewhat lesser offence without recording a conviction.

The lawyer of the abuser is under no doubt that her client is a dangerous pedophile. She had a choice. She could have refused to take the case. In the end, whether she was the lawyer who accepted the brief, or a lawyer who turned the case down, she is unable to remove thoughts from her head. She is convinced that the abuser is a dangerous person and that he may continue on his misadventure and sexually abuse others. She is bound by client confidentiality; we understand that

My question relates to the Halachic imperative. Is a lawyer/person in such a case permitted to remain silent? Is there not a real problem of contravening a Torah command: [Click link for rest of post Pitputim ]

Another disgusting abuse case in Brooklyn

WPIX    The family of a Brooklyn man being treated for drug addiction in California traces his problems back to sexual abuse by a yeshiva teacher, when he was just 9 years old. "I do recall the rabbi being over here, trying to hush up my dad," Yosef Werner--the abuse survivor's brother--told PIX 11 Friday.

20 years ago, Daniel "Benji" Werner came home from the Yeshiva of Brooklyn one day and started confiding in his mother at their Midwood home. "He told me the rabbi was touching him," Yehudis Werner told PIX. "And I said, 'What??!!"

Benji Werner told his mother the teacher would call him up to the front of the class, take the boy behind the desk, place Benji on his lap, and then put his hands in the boy's pants and molest him.

Mrs. Werner said she called her husband, Aaron, and he started contacting other parents from Benji's class. She told PIX several parents had heard the same thing from their children. Soon after, she said the family received calls from religious leaders. "They called up my husband and said 'if you continue to call parents, we'll make your name mud.'"

Pedophile released without tracking protocol

Haaretz    Officials in the Israel Prison Service's Unit for Monitoring Sex Offenders claim that due to turf wars among government agencies, a convicted pedophile is to be released from prison on Sunday without arrangements for housing or therapy. They say that makes it very difficult to keep tabs on the man, who is considered highly likely to reoffend. 

The individual served two previous prison terms for sexual offenses against minors. After the second one, as now, he was ordered to remain under supervision following his release but he reoffended, committing sexual crimes against a young boy. 

According to a figure familiar with the case, "In the absence of a supportive environment and with no permanent address, the individual will become even more dangerous while the monitoring capabilities have declined significantly."

Non-Orthodox rabbis to receive payment

NYTimes    The Israeli government announced on Tuesday that, for the first time, it planned to pay the salaries of a small number of Reform and Conservative rabbis, as it does with many Orthodox ones. 

In a deal brokered in response to a 2005 petition by the Israel Movement for Reform and Progressive Judaism, the state said it would financially support up to 15 non-Orthodox rabbis serving farming communities and regional councils. They will be classified as “rabbis of non-Orthodox communities” and paid by the Ministry of Culture and Sport, not the Ministry of Religious Services.  

While any recognition of Reform and Conservative rabbis by the government is significant, the move does not address a principal concern of those movements: the Orthodox rabbinate’s control of marriages and other legal questions. The deal says these non-Orthodox rabbis will not have any say over matters of religion and Jewish law, so it is unclear what their roles will be, or how many communities will request them.

Being comforted by the Holocaust - a true story

The May 29, 2012 edition of Binah (page 14) has a story "Savoring Shabbos" which is the first person account of a young wife and mother, who had appendicitis erev Shabbos in Jerusalem. She was forced to go to Shaarei Tzedek Hospital 2 hours before Shabbos to have emergency surgery.  I found her method of comforting herself quite disquieting. However I have been told that this is not unusual for girls who attend Jerusalem Seminaries for Americans.

=================================================

As I lay uncomfortably upon my  stretcher, the inspiring words of Pearl Benisch, in her book To Vanquish the  Dragon, came to mind. She described her arrival in Auschwitz on a Friday night. As she and her fellow group of  Bais Yaakov girls were about to be  marched to their barracks, Tzila Orlean approached them and wished them a gut Shabbos. Mrs. Benisch questioned how a woman could greet her friends in such a manner in front of the smoke stacks of Auschwitz. Her answer gave me much strength on that challenging Shabbos:

Good Shabbos. How do those two words sound... when said amidst the stench of burning human flesh? But it was Shabbos in the whole world, including this living inferno. Even here, G-d, it was Your holy Shabbos, and Your children remembered it...

 If those tzidkaniyos were able to acknowledge the arrival of Shabbos in Auschwitz, then certainly I could feel the arrival of Shabbos in Shaare Zedek Hospital. As I lay in my little cubicle waiting for surgery I felt fortunate to be in a frum hospital in Yerushalayim, surrounded by Yidden. I felt the peaceful radiance of the Shabbos Queen, and I knew that I was in Hashem's Hands.

Gay Marriage approved by Conservative Jews - point of no return

Forward    The Rabbinical Assembly’s Committee on Jewish Law and Standards, which sets halakhic policy for the Conservative movement, has voted unanimously to provide the approximately 1,600 Conservative rabbis with guidelines on performing same-sex marriages. 

The move is an official sanction of the ceremonies by the movement. 

The CJLS approved the documents Thursday by a 13-0 vote with one abstaining ballot. For years, the Conservative movement has debated how to approach same-sex unions. Traditionalists often opposed such relationships while urging respect as progressives -- particularly some rabbinical students -- pushed for full equality.

Clergyman faces 21 years for abuse coverups

CNN   Lynn is the first high-ranking church figure charged with child endangerment for allegedly shuffling predator priests from parish to parish.

If convicted, he faces up to 21 years in prison.

Now-defrocked priest Edward Avery was due to go on trial with Brennan and Lynn, but he pleaded guilty in March after admitting to sexually assaulting a 10-year-old altar boy during the 1998-1999 school year. Avery, 69, was sentenced to two-and-a-half to five years in prison.

Nazi Victim’s Family must Return gold tablet to museum

NYTimes    A state appellate court in Brooklyn has ordered the family of a Holocaust survivor to return an ancient gold tablet to a German museum. 

The decision turns on its head the familiar scenario of Holocaust victims suing to reclaim property stolen or extorted from them by the Nazis. But in this case, according to court papers, the precious 3,200-year-old Assyrian artifact had been looted, not from the survivor, but from the Vorderasiatisches Museum in Berlin, at the close of World War II. 

It is not clear how the survivor, Riven Flamenbaum, came into possession of the tablet after his liberation from Auschwitz in 1945, when he was sent to a displaced persons camp in southeastern Germany.

DA Hynes & Aguda on collision course

Jewish Journal   In an interview with the Forward, Hynes reportedly said that he was in “sharp disagreement” with the Agudah’s position, arguing that the rabbis “have no experience or expertise in sex abuse.” The Forward quoted Hynes as saying that he stressed his opposition in a telephone call with Zwiebel last week.

Zwiebel “still thinks they have a responsibility to screen,” Hynes said. “I disagree.”

Meanwhile, Hynes spokesman Jerry Schmetterer told The Jewish Week that Zwiebel “risks having the rabbi prosecuted for obstructing a law enforcement investigation.”

The shift puts Hynes’ office at odds with the haredi Orthodox community—a problem the Kol Tzedek program was supposed to solve.

In an interview last week with the New York Post, Hynes cited the insularity of Brooklyn’s haredi community and the need to protect sex-abuse victims from intimidation as the reason for not releasing the names of about 100 accused molesters from the community.

“Within days, people within this relentless community would identify the victims,” he told the Post. “Then the intimidation would start.

Rat studies, New Hope for Spine Injuries

NYTimes   Rats with a spinal cord injury that left their hind legs completely paralyzed learned to walk again on their own after an intensive training course that included electrical stimulation of the brain and the spine, scientists reported on Thursday. 

The report, published online on Thursday in the journal Science, provides a striking demonstration of what until recently few scientists thought possible: complete rehabilitation after a disabling blow to the spinal cord. After weeks of training, many of the rats could walk as well as before the injury, and some could run. 

The findings do not apply to all spinal injuries. The animals’ spinal columns were cut without being completely severed; there were still some nerve connections that extended intact through the injured area. But this is also the case for a substantial proportion — perhaps a quarter to a third — of people whose injuries are severe enough to confine them to a wheelchair.

Using unfiltered internet invalidates witness

http://www.inn.co.il/News/News.aspx/238796

אפקט הכנס ההיסטורי בקווינס? אחד מרבני מונסי שבניו יורק פסל אמש לעדות בחופה אדם המשתמש באינטרנט לא מסונן.

המדובר באב"ד סאטמר במונסי, הרב אברהם צבי וואזנר, שטען במהלך חופה שערך ובו שימש כמסדר הקידושין, כי בעקבות אמירתו של סבו לפיו משתמשי אינטרנט לא מסונן פסולים לעדות, יש לנהוג כך הלכה למעשה.

על פי הדיווח, האב"ד בירר בקרב משפחת הצדדים לגבי העדים, ומששמע כי הם מחזיקים בטלפון לא "כשרים" ובעלי אינטרנט לא מסונן, ביקש להביא עדים אחרים תחתיהם למעמד הח

Curtain falls on yy's saga

On 5/31/2012 1:21 PM,  --- wrote:

Your blog is thought provoking, and I’ve been following it for some time.  I was moved by yy’s story -- just about ready to post another comment -- and was surprised to see that the whole thing was removed.  Then I saw your tweet about “yy’s saga” which seemed to judge the author negatively, and that disturbed me.  Later I went back to the tweet and found that its content had been removed also.  I'm wondering what's going on.  Thanks.

Yes yy story was moving and well written and is a good example of a marriage collapsing. However despite posting anonymously - he did not want to be judged or criticized based on the personal details he wrote about himself - but only wanted to stimulate discussion of a general nature and in his words "get sympathy & empathy". I felt it was counterproductive for him to reveal his personal details of his life to the public as well as his judgments of his wife - and then to get irritated if readers didn't view events as he did and judged him harshly. He disagreed and got hurt and became angry with me for not taking his side - so the post was removed. My purpose in publishing was to encourage awareness and communication about an all too common problem. I felt that he was in fact benefiting from the feedback he got as well as in communicating the problem and thus it was a win-win situation. He clearly disagreed and asked that I remove his post which I did. I had written a more detailed description of events and but decided to remove it. 

Rav Wosner: Clarification of internet prohibition

BCHOL כמחחצית השעה לפני כניסת חג השבועות בארה"ב וחמשה ימים לאחר הכנס נגד 'פגעי הטכנולגיה' - נתלתה ברחבי ניו-יורק מודעה בחתימת ידו של הגר"ש וואזנר, בה הוא חוזר בו מדברים שאמר בכנס, בשידור חי מביתו בבני-ברק.

כזכור בעת הכנס, הופיע הגר"ש וואזנר בעל ה'שבט הלוי' ושידר דברים בשידור-חי לבאי הכנס. הגר"ש וואזנר התבטא כי הינו מעניק שורת הלכות שרק אם יאומצו יהיה הכנס ראוי לשמו.

בין היתר אמר הרב וואזנר, כי אסור להכניס מחשב הביתה, גם לצורכי עבודה, כי אין להיכנס לבית שיש בו אינטרנט לא מסונן. הוא הדגיש כי דבריו הינן מעיקר ההלכה והוסיף כי על מוסדות הלימוד לסלק משורותיהן ילד החשוף בביתו לאינטרנט.

בשל לחץ כבד של עסקנים ושל אחד מאדמו"רי ארה"ב, אשר התנגד לסילוק ילדים ממוסדות החינוך, חזר בו הגר"ש מפסקיו ופרסם מודעה עם פסקי הלכה מתונים יחסית.

במודעה החדשה אין איסור גמור על שימוש בבית במחשב לצורכי עבודה, ואת סילוק הילדים ממוסדות החינוך מחליפה חובה להצבת סייגים וגדרים.

Do "child safety zones" stop abuse?

NYTimes    Orange County finds itself at the enter of a new wave of laws restricting the movement of sex offenders. The county government and a dozen cities here have banned sex offenders from even setting foot in public parks, on beaches and at harbors, rendering almost half the parks in Orange County closed to them. Ten more cities are considering similar legislation. 

And Orange County is far from alone. In recent years, communities around the country have gone beyond regulating where sex offenders can live and begun banning them outright from a growing list of public places.[...]

The proliferation of such restrictions reflects the continued concerns of parents and lawmakers about potential recidivism among sex offenders. But it has also increasingly raised questions about their effectiveness, as well as their fairness. 

Opponents have dismissed “child safety zones” as unenforceable, saying they are designed to make politicians look tough on crime and drive sex offenders from the area, not make children safer.