A SAD WEEK FOR KLAL YISROAL WITH THE AGUDAH ISRAEL DEFYING HARAV HAGAON ELIYASHIV SHLITA

לֹא תַעֲמֹד עַל-דַּם רֵעֶךָ

For the first time since the destruction of the second Bais Hamikdash, has Klal Yisroel seen so much confusion and bitterness within our community.  The actions of a lay leader attorney, Chaim Dovid Zweibel, Esq. and Rabbi Gottesman of the Agudah have made a mockery of the great Posek Hador Harav Elyashiv Shlita, no words can describe the rift that has developed within our holy community. The community is saddened by these events and incensed that Kavod Gedolim has become a mockery. Messrs. Zweibel and Gottesman have instructed Orthodox Jewish professionals not to report incidents of child sexual abuse, if perpetrated by Orthodox Jews, directly to law enforcement. This is blatantly against the law in the many states. This is a surprising challenge to a decision issued by universally respected preeminent Jewish law decisor, Rabbi Yosef Sholom Elyashiv, that directs Orthodox Jews all over the world to report incidents of sexual abuse directly to law enforcement (Click here to read a partial translation of Rabbi Elyashiv’s ruling).

If Zweibel and Gottesman think that their fabricated lies have any bearing on how we handle crimes against our children, they are terribly mistaken. We, as advocates, will fight them with our full strength and tenacity. We will prevail in keeping our children safe, we fear no one except our Holy G-d. We pray to HaShem that  Moshiach will come when our children and parents unite as one. How dare Zweibel question Harav Elyashiv and ask 14 times for a explanation of his Psak, Agudah  has become a mouthpiece of venom and Sheker at the price of  our young sweet Neshomas,

The Voice of Justice believes that Agudath Israel’s policy of not reporting abuse to law enforcement is a violation of the law of many states and likely exposes those who report abuse to rabbis to charges of criminal obstruction of justice. At the very least, professionals who follow the  erroneous and illegal directive of Agudath Israel’s leaders are subject to losing their license to practice, fines, and possibly face long prison terms.

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Related Links
http://www.forward.com/articles/138131/	Partial Translation of Ruling of Rabbi Elyashiv

THE VOICE OF JUSTICE RESPONDS TO THE BOOK WRITEN BY DAVID MANDEL FROM OHEL AND DR PELCOWITZ TWO SELF SERVING EXPERTS ON CHILDREN

PRESS CONFERENCE IN ALBANY- LOBBY DAY FOR CHILD VICTIMS ACT; (MARKEY BILL) PROFESOR MARCY HAMILTON,RABBI GERSHON TANNENBAUM,MARK MEYER APPEL AND REV DR SHELDON E WILLIAMS SPEAK TO THE PRESS

                                                                

ALBANY, NEW YORK, May 24, 2011 --- Childhood sexual abuse costs New York State taxpayers more than $1 billion a year, some $230,000 for each new case. Those were the startling figures that Assemblywoman Margaret Markey reported as she convened a press conference to kick off a Lobby Day rally for her Child Victims Act of New York

“Researchers tell us that one in five children in America is a victim of childhood sexual abuse --- most of it at the hands of family members or acquaintances, or by other people they trust and respect,” said Assemblywoman Markey. “But since most victims of this abuse are not able to report what has happened to them until they are well into adulthood, we know that our current law is inadequate.”

The Assemblywoman said that existing New York law enables many predators to avoid the consequences of their immoral and illegal acts by “running out the clock” on their crime --- taking advantage of out-dated statute of limitations. The Child Victims Act will extend the civil and criminal statute of limitations for these crimes, giving victims a greater opportunity to have their day in court. It also means that New York can provide an opportunity for previous victims of child sexual abuse to get their day in court.

“I know this bill will also protect future generations of New York children from abuse by exposing pedophiles who have previously been hidden,” she said.

Assemblywoman Markey introduced  survivors of child sexual abuse who described how the state’s existing statute of limitations prevent them from getting justice in New York.  

• Heath Bromley, a Glen Falls area man, and his attorney, Tina Weber, described how New York residents had to go to the Massachusetts to get justice. Crimes against Bromley were committed in New York, but because his perpetrator had also taken him to Massachusetts, a very different statute of limitations law there permitted a criminal case against his abuser to be brought in that state, resulting in a sentence of 20-25 years in jail for his crimes.
• Michael DeSantis, an Albany-area man who went to the Albany Roman Catholic Diocese last fall with allegations against four priests, described the process of bringing his charges to the attention of church authorities, his only course of action since the statute of limitations has passed for the crimes against him. The priests have all been suspended.
•   

Among others participating in the press conference were Robert Kristan who heads the New York Coalition to Protect Children, which organized the Lobby Day for the bill. Also taking part were:
 MARK MEYER APPEL, President of The Voice of Justice, who was joined by

                                                                   

         RABBI GERHON TANNENBAUM   DIRECTOR OF THE RABBINCAL ALLIANCE OF AMERICA.AACA WITH A MEMBERSHIP OF OVER  800 synagogues. and


  REV DR SHELDON E WILLIAMS REPRESENTING THE  NATIONAL BLACK ALLIANCE OF CHURCHES The assembly Codes Committee held a public hearing in New York City on the Child Victims Act and received oral and written testimony from more than a dozen criminal justice, academic and victim service experts.Mr. Appel gave a blistering attack on the few observant Jewish organizations that  are still dragging their feet in supporting the Markey bill, accusing them of being more concerned with unlikely remote fiscal concerns than with our precious children.  Mark Meyer Appel  called the priests and rabbis who oppose this bill as infidels and enablers of sex crimes on our precious children.
Rabbi Gershon Tannenbaum talked about the impact on the way the community has reacted to this bill by being more aggresive in the prosecution of  sexual crimes against our children and  the increased number of arrests and convictions  in new york state. Assemblywoman Markey said, “They spoke about the severe impact of childhood sexual abuse on victims and the reasons why many victims don’t ever come forward about what happened to them until well into adulthood, if ever. They also spoke about the high economic cost of childhood sexual abuse to government and society.”

Two of those who submitted testimony for the Assembly Codes Committee about the Child Victims Act spoke at the press conference today. They included Christine Deyss, Executive Director of Prevent Child Abuse New York, and Cardozo Law School Professor Marci Hamilton. A nationally-recognized author and expert on statute of limitations laws,

Hamilton said: “there are untold numbers of hidden child predators who are preying on one child after another because statutes of limitations have been configured to give them that opportunity.” Pointing out that 1 in 4 girls and 1 in five boys are sexually abused, she added, “There is an iceberg of silent victims in New York who are suffering and must shoulder the cost of therapy, addiction and other costs of abuse themselves.”

In reporting on her April 29 hearing, Assemblywoman Markey also cited several other significant findings that emerged:

• Dr. Ted Miller, a leading health economist, estimated that child sexual abuse costs the taxpayers of the state of New York more than $1 billion a year. One single case of child sexual abuse costs $230,000; he said the bill is more than $400 per child in New York State.
• Dr. Kenneth Peake of Mt. Sinai Adolescent Health Center in New York City called the issue of sexual abuse a global one with a very personal impact, and Professor Cynthia Mercado of John Jay College Psychology Department called the issue a public health epidemic.
• Henry Miller, a distinguished attorney from White Plains and former chair of the New York State Bar Association spoke about his article in a recent issue of the Bar Association Journal where he asked whether or not a statute of limitations was a moral issue in the case of some crimes, like child sexual abuse. He said is it seems wrong for a known, identifiable perpetrator to benefit from an arbitrary legal cut-off for such a heinous crime as child abuse.
• Studies of some 10,000 adolescents receiving routine medical care at Mt. Sinai Health Center showed that the age of a victim when first abused ranged from 3 to 17 years, but that the average age of patients when first abused was 8.1 years old.
• Another strong argument for a longer statute of limitations came from the Queens District Attorney’s Office. Eric Rosenbaum, Chief of the DNA Unit of the Special Victims Bureau, reported that when that office reviewed backlog DNA evidence that had been collected over 10 years beginning in the late 1980’s, they found 75 cases where a perpetrator was able to be identified, but who was not able to be prosecuted; many believed to be serial violatorsl Another 89 similar cases were identified in the Bronx and more than 600 were identified in Manhattan.

“We have become all-too-familiar with the horrendous personal impact of child sexual abuse on individual children and their families. Now, we also know that all of society is affected by child rape and sexual abuse,” added Assemblywoman Markey.

A MAJOR RIFT BETWEEN THE LEADERS OF AGUDAH ISRAEL OF AMERICA ON THE ISSUE OF GOING TO TO THE POLICE IN CASES OF SEX ABUSE, RABBIS ZWEIBEL AND RABBI GOTTESMAN SAY NO ,RABBI YAKOV HOROWITS DIRECTOR OF PROJECT YES OF AGUDAH ISRAEL SAYS YES AND TO GO DIRECTLY TO THE POLICE

       

http://www.rabbihorowitz.com/PYes/ArticleDetails.cfm?Book_ID=936&ThisGroup_ID=346&ID=Most Viewed&Type=Article

BY RABBI DANIEL EIDENSOHN

 listened in dismay to R' Shlomo Gottesman's presentation of halachic issues of child abuse. He picked a very narrow perspective in answering the question of whether halacha allows going to the police to report abuse. The presentation involved snippets from the collection of teshuvos found in volume 15 of Yeshurun. He concluded that it was in fact permitted to go to the police but only if a rabbi had established that there was some - deliberately vague - level of evidence  called raglayim ledavar and that this was for tikun olam (improvement to society). It was asserted that both these conditions could only be determined by a rabbi. In other words one risked being guilty of mesira (informing) and thus lose olam habah if reporting was done directly without first consulting a rabbi. Thus the focus  of his presentation was on preserving rabbinic authority in abuse cases when the rabbi is not capable of dealing with it and the police need to be involved.

He also claimed that requiring a rabbi  to decide whether abuse could be reported did not violate mandated reporting laws.  . He did not say how this is possible but just asked the audience to trust him that it was possible to reconcile the mandated reporting requirement to report abuse and the requirement to allow a rabbi to decide whether abuse is to be reported. It is astounding that he so glibly stated this since he is a very competent lawyer and presumably knows that this is very problematic and that he is unlikely to find any judge or secular social agency to agree with him. He also claimed that there was no need to utilize the concept of rodef  (self-protection) since a rabbi could decide on calling the police by tikun olam alone. That is strange since the concept of rodef is a significant factor even in the teshuvos of the gedolim that he was citing. Why would the gedolim utilize this concept if it wasn't necessary?

So what was really wrong with what he said? The fact is that by entirely focusing on the assertion that permission must first be gotten from a rabbi before contacting the police  - he avoided dealing with the complexity of the  issue of abuse as it happens in the Orthodox community. He obviously felt this was not of general interest but as he put it, this is what an individual needs to speak privately with a rabbi because each case is different.

Unfortunately he squandered an important opportunity. What he should have done was to ask a different question. Not under what conditions is calling the police mesira - but the real question is what does the Orthodox community need to do to protect the children? He failed to note that there are clearly times when a rabbi does not need to be consulted and that furthermore there are clearly times when a rabbi who says not to report should be ignored. He failed to address the more important issue of whether going to the police without community involvement and with pressure on parents not to file a complaint is really protecting the children. He failed to address the fear of reporting because of shidduchim and the danger that a child will be kicked out of school if he/she is found to have been abused. He failed to note that the Aguda has insisted that the financial well being of its institutions are more important than the welfare of the children. That cover ups to protect reputations of rabbis come before the sanity and safety of our children.

But perhaps his biggest failure was to address the betrayal of the abuse victims by the rabbis and community and the severe psychological &  religious damage this betrayal causes. It is commonly observed by those who work with off the derech children that most of these children have been abused.

So yes - there is a legitimate halachic problem of how to deal with mesira - but in reality the issue of abuse is not primarily about how to preserve rabbinic authority - but how to protect our children.

TO MY DEAR FRIENDS OF AGUDATH ISRAEL OF AMERICA WHT WE NEED IS TEARS AND COMPASSION NOT SOME COMPLICATED FANCY TALK THAT SIMPLY DOES NOT MAKE SENSE AND IS AGAINST THE REAL WISHES OF OUR GEDOLEI YISROEAL

http://failedmessiah.typepad.com/failed_messiahcom/2011/05/setting-the-record-straight-on-agudath-israel-of-america-and-child-sexual-abuse-678.html
RESPONSE BY DR ASHER LIPPNER AND MRS BRACHA GOETZ

                                                      

לֹא תַעֲמֹד עַל-דַּם רֵעֶךָ

DR ASHER LIPPNER
For the lamdanim (talmudic scholars) among us, it appears we have a machlokes (scholarly debate) about the ruling of Rav Elyashiv that says one must report child abuse directly to the police, and how to interpret it.


 HAGOEN RAV ELIYASHIV  says that it means to go to the police.



RABBI GOTTESMAN  of the Agudath Israel says it means to go to the rabbis.,

My vote is that we should allow the "Machria" (deciding vote) to be Mrs. Bracha Goetz.  She is an expert in the fifth Chelek (volume) of Shulchan Aruch....."Seychel Hayashar"....COMMON SENSE.   Which of course, as they say is not so common.   Especially among rabbis. 

Rebbetzin Bracha says what every Jewish mother and every Jewish mother knows deep in their heart:  That you should never listen to rabbis when it comes to your child's safety.  They are not trained in these matters.  They have conflicts of interest:  the molester often has connections or davens in their shul, and they feel responsible to protect the community's image, they are also afraid like the Gedolim, who have admitted publicly that their yeshivas could be sued.  They can't even utter the words sexual abuse!  "Dvarim Megunim" says Rabbi G.  (disgusting things).  Too disgusting to tolerate naming it, but not too disgusting to actually stop from happening?.

I am not saying they don't care about your child's welfare.   I am saying that they care about other things too.  But Jewish parents put their children first.  So please report it if they are hurt.  The child you save may be your own.  As Shmarya points out, the Jewish Star missed the story here completely.  BUT, I think its a good thing.  The more people who don't get confused by Rabbi Gottesman's obfuscating and confusing the halacha, and take out the point, like Rabbi Flink did, that "the Torah says call the cops" the better.

Rabbi Gottesman brings proof that you have to ask a rabbi first from the fact that Rav Elyashiv would not answer him although he asked about 14 times what constitutes "reasonable suspicion". 

I think that he didn't answer because it was what we used to call in yeshiva a "Klutz Kasha", a stupid question. 

Even Rabbi Feivel Cohen, who was the named recipient of the responsum from Rav Elyashiv told my friend that "you should use your G-d given brain to know when it is reasonable to suspect."

It is not unlike Supreme Court Justice Morgenthau who said when ruling on obscenities, "I can't define it, but I know it when I see it."

The Agudah rabbis do not WANT to see child molestation.  Rabbi Yisroel Reisman came to court for the sentencing to show support to convicted molester Yonah Weinberg because Weinberg's father davens in his shul.  For those who don't recall that was the case in which the judge lambasted the Orthodox community and threw the book at Weinberg because he had never seen a community show so much more support to the perpetrator than the victims.  He also told me that although he didn't tell the victims of Kranczer not to go to the police (although there were witnesses who disagree with this statement) he DID tell them not to give the police certain information such as the identity of one of the victims who in the end proved to be critical to the police investigation. 

Rabbi Gottesman told Elliot Pasik that he looked into it as part of his position in Agudah and Torah  Umesorah and it is true that Rabbi Moshe Eiseman, the "retired "mashgiach of Ner Yisroel, is a molester.  Nevertheless, Eiseman sits together till this day with In their writings  the Agudah and Torah Umesorah Yeshiva owners (Rabbis Feinstien, Kotler, Kaminetsky, Perlow, Salamon, et. al.) on the Vaad L'hatzalas Nidchei Yisroel which was glorified in Mishpacha magazine not long ago for their good works.

Now, if it is true, then that would mean that no matter how you define "Raglayim Ladavar" it would have to be reported to the authorities.  Has anyone from the Agudah fulfilled this psak from Rav Elyashiv?  This proves beyond the shadow of the doubt for any who have a "G-d given brain" in their head, that the Agudah rabbis are still trying to cover up for all the molesters and perhaps more importantly for all the cases they have covered up for over the years. 

They should learn from the Catholic Church and from Ohel, that in the end, the truth always comes out. 


As Shmarya points out, the Jewish Star missed the story here completely.  BUT, I think its a good thing.  The more people who don't get confused by Rabbi Gottesman's obfuscating and confusing the halacha, and take out the point, like Rabbi Flink did, that "the Torah says call the cops" the better.

Rabbi Gottesman brings proof that you have to ask a rabbi first from the fact that Rav Elyashiv would not answer him although he asked about 14 times what constitutes "reasonable suspicion". 

I think that he didn't answer because it was what we used to call in yeshiva a "Klutz Kasha", a stupid question. 

Even Rabbi Feivel Cohen, who was the named recipient of the responsum from Rav Elyashiv told my friend that "you should use your G-d given brain to know when it is reasonable to suspect."

It is not unlike Supreme Court Justice Morgenthau who said when ruling on obscenities, "I can't define it, but I know it when I see it."

The Agudah rabbis do not WANT to see child molestation.  Rabbi Yisroel Reisman came to court for the sentencing to show support to convicted molester Yonah Weinberg because Weinberg's father davens in his shul.  For those who don't recall that was the case in which the judge lambasted the Orthodox community and threw the book at Weinberg because he had never seen a community show so much more support to the perpetrator than the victims.  He also told me that although he didn't tell the victims of Kranczer not to go to the police (although there were witnesses who disagree with this statement) he DID tell them not to give the police certain information such as the identity of one of the victims who in the end proved to be critical to the police investigation. 

Rabbi Gottesman told Elliot Pasik that he looked into it as part of his position in Agudah and Torah  Umesorah and it is true that Rabbi Moshe Eiseman, the "retired "mashgiach of Ner Yisroel, is a molester.  Nevertheless, Eiseman sits together till this day with In their writings  the Agudah and Torah Umesorah  Kotler, Kaminetsky, Perlow, Salamon, et. al.) on the Vaad L'hatzalas Nidchei Yisroel which was glorified in Mishpacha magazine not long ago for their good works.

Now, if it is true, then that would mean that no matter how you define "Raglayim Ladavar" it would have to be reported to the authorities.  Has anyone from the Agudah fulfilled this psak from Rav Elyashiv?  This proves beyond the shadow of the doubt for any who have a "G-d given brain" in their head, that the Agudah rabbis are still trying to cover up for all the molesters and perhaps more importantly for all the cases they have covered up for over the years. 

They should learn from the Catholic Church and from Ohel, that in the end, the truth always comes out. 

http://www.thejewishpress.com/pageroute.do/48367

Shining Light On Sexual Abuse

More Articles By Bracha Goetz

Bracha Goetz
Posted May 18 2011

When Rabbi Yisroel Salanter was asked about developing a sense of gratitude as a means of deepening one's relationship with Hashem, he responded very interestingly, that the highest form of ingratitude to Hashem is not taking proper care of the body He gave us.  We show gratitude to Hashem for our blessings when we strive to more fully protect our children's vulnerable bodies.  And we apply our high regard for tznius appropriately when we remember that their bodies are the garments for our children's innocent souls.

Our beautiful and exemplary regard for tznius gets misplaced when it leads us to be remiss in calmly and clearly discussing personal body safety prevention topics with our children, at home and in our schools.  It also becomes deleterious when it causes us to shy away from responsibly addressing dangerous violations in our midst.  When sexual misconduct goes unchecked, it turns our most insular tznius communities into the best breeding grounds.

What can parents do to help their children become less likely targets of a sexual predator?  It is a parents' responsibility to teach his or her children how to be safe.  Annual brief pre-planned personal safety discussions with our children are ideal.  Being open, honest and cheerful during these discussions is essential.  We don't need to convey fear to our children or discuss this topic too frequently.  We just need to calmly speak with them, from preschool age on up, about the safety of their bodies (nobody should touch them in the private areas that are covered by bathing suits; nobody includes people they may know well like older brothers, cousins, neighbors; the importance of not keeping secrets about touching, etc.). 

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As our children get older, the short annual discussion on this topic should have age-appropriate information added.  Asking if they have any questions at the end is also very important.  Often, children need time to absorb the information, so we can let them know that if at any time they would like to ask us anything about this or tell us something, we welcome that.  Clearly and calmly expressed knowledge truly provides our children

JOIN US IN ALBANY , TUESDAY, MAY 24 11 AM TO SHOW YOUR SUPPORT FOR THE CHILD VICTIMS ACT BILL PROTECTING OUR CHILDREN

WHERE: LCA Room 130, NYS Legislative Office Building (LOB), Albany, NY

                                                                

                                                          ASSEMLBLYWOMAN MARKEY             

                                                     

 


BACKGROUND: Assemblywoman Markey will report on expert testimony provided for the April public hearing of the Assembly Codes Committee where criminal justice, academic and victim service experts testified about the severe impact of childhood sexual abuse on victims and society. They advocated for an extension of the criminal and civil statute of limitations for these crimes that is embodied in Markey’s Child Victims Act of NY legislation, which has been approved three times in previous sessions of the Assembly.





The press conference is part of a Lobby Day for the Child Victims Act organized by the NY Coalition to Protect Children. Among those participating will be: Professor Marci Hamilton of Cardozo Law School, an author and legal expert on statute of limitations laws around the nation; representatives of the National Black Church Initiative, the Rabbinical Alliance of America, Prevent Child Abuse New York; and several child abuse survivors who will discuss cases where the statute of limitations has prevented them from getting justice in the New York legal system.
FREE TRANSPORTATION WILL BE PROVIDED FROM BROOKLYN CALL VOJ 1 800 621 8551

Reforming Statutes of Limitations on Child Sexual Abuse - At a Glance Child sex abuse is an enormous national problem It is estimated that one in four women in this country have been sexually abused as a child, and one out of every five men. Compounding the problem is the simple fact that the vast majority of sexual abuse – some studies putting the number at 90% - never gets reported.   Even when victims do speak out, current statute of limitations laws for child sex abuse cases favor the abusers over the victims In some states, the statute of limitations on child sex abuse is too short for many victims, who often find the courage to speak out and confront their abuser or recover painful buried memories of abuse only after the statute of limitations has run out.   Neither the individual states nor the federal government have taken adequate steps to protect victims of child sex abuse Sexual offender lists, GPS tracking, pedophile-free zones, and harsher penalties are only effective if offenders are actually convicted and/or publicly known. Victim support programs only help those who are able to come forward. Short SOLs keep the abusers from being publicly identified, restricting or defeating the effectiveness of these precautions.   Statute of limitations reform does not target specific groups Expanding the SOL for child sex abuse is about helping victims and holding offenders accountable regardless of their identity. When the majority of abuse is by family or family acquaintances, allegations that SOL reform is prejudicial against any institution are groundless.   States must either expand or eliminate the civil and criminal statute of limitations for child sex abuse State legislatures should follow the example of California, Delaware, and others to eliminate bars on when victims can bring civil suits and authorities can bring criminal charges. Regarding the SOLs, child sexual abuse should be treated more like murder than like a property dispute.   The Federal government should encourage SOL reform Congress has already intervened in the area of child sexual abuse by creating a national registry of sex offenders and criminal laws when a child is taken across state lines. It is also constitutional for Congress to condition federal funds for health, victim support programs, or law enforcement, for example, on mandated state SOL reform or to withdraw existing funds on a failure to update SOLs.   Expanded statutes of limitations result in more predators being held accountable and more victims identified Predators generally have more than one victim. While criminal SOLs can not be retroactive, civil SOLs can be. Publicly identifying predators could have the dual benefit of bringing justice to victims and preventing future abuse by the same perpetrator. When California passed reform legislation, over 300 previously unknown offenders were publicly exposed and hundreds of previously unknown victims were able to come forward.

(Best to enter the press conference location through the State Capitol Building from the State Street or Washington Avenue sides, and follow signs to the Legislative Office Building. Please allow ample time to clear security.)

HISTORIC CONFERENCE ON SEX ABUSE THIS SUNDAY MAY 22 2011

White Institute Conference on the Treatment of Sexual Abuse Within the Orthodox Jewish Community on Sunday, May 22, 2011

THE VOICE OF JUSTICE  is pleased to announce that The William Alanson White Institute of Psychiatry, Psychoanalysis and Psychology will be holding a conference focused on issues related to the treatment of sexual abuse within the Orthodox Jewish community. The event will be held on Sunday, May 22, 2011 from 8:30am to 4:30pm.
The panel will include both clinicians and rabbis. The purpose of this educational forum is to offer a simultaneous clinical and halachic/cultural presentation of the unique factors at play within the Orthodox Jewish community.
We encourage anyone with an interest in the issue of abuse and the way it has been dealt with within the Orthodox Jewish community to attend this groundbreaking one day event.
Please click here to print the conference application.
VOJ is offering a limited number of need based scholarships to those who wish to attend but can't afford the fee.