Child protection policies improving in some Orthodox Jewish communities, but not in ultra-Orthodox ones

FindLaw - April 29, 2010

How Other Religious Organizations Echo the Roman Catholic Church's Rule Against Scandal, A Precept that Entrenches and Perpetuates Cycles of Child Sex Abuse: Orthodox Judaism, Part Two in a Two-Part Series [Part One]

By MARCI A. HAMILTON


In the past two weeks, there have been yet more revelations about the Catholic Church's mishandling of child sex abuse, with, for example, European bishops forced to resign. In my last column, I described, based on church documents and case law, some of the pitfalls in the Church of Jesus Christ of Latter-Day Saints' approach to child sex abuse within the organization. In this column, I will address the struggles of institutions within the Orthodox Jewish community on these issues.

Like Other Faiths, Orthodox Judaism Is Wary of Secular Authority – But There Are Exceptions

Like the Catholic Church, Orthodox Jews have certain beliefs that tend to create a separate world from which child sex abuse victims cannot escape. The key question with respect to every religious organization that is dealing with hidden, ongoing, or persistent child sex abuse is this one: What will it take to liberate the victims? External pressures from sources such as the media and the legal system can make a difference, but it may also take some re-examination and soul-searching with respect to some of the institution's religiously motivated practices. The Orthodox Jews are making steady and promising progress in this arena. The ultra-Orthodox Jews, unfortunately, are not.

The Jewish law of "Chilul HaShem," which means literally "a desecration of God's name," warns believers not to bring shame on the community. This is the closest analogue in the Jewish tradition to the Catholic rule against scandal. And, there is the Jewish law against "mesira," or informing on another Jew to the authorities. Roughly translated, according to Rabbi Yosef Blau of Yeshiva University (my home institution), it means "Don't go to secular authorities," and thus can be used as a reason not to report child sex abuse to police or civil authorities. The law against arka'ot, or proceeding in secular courts, also has presented barriers.

As with all important Jewish concepts, the meaning of each these precepts lies in particular interpretations. According to Rabbi Blau, the prohibition against mesira, though widely honored, may not be relevant in democratic societies. The purpose of the law was to protect Jews from tyrannical governments, such as Nazi Germany's. Thus, the prohibition was created to protect Jews from the government. The same reasoning does not apply in a legitimate democracy.

Moreover, there are exceptions to mesira – for instance, when circumstances are such that the religion's internal mechanisms cannot deal with an internal problem. And a perfect example, according to Blau, is child sex abuse. But observant Jews may not be willing to act in contravention of a law like the prohibition against mesira without first consulting a rabbi on whether the exception actually holds in the particular case, which can delay, if not forestall, reporting.

Yet, the Rabbinical Council of America at its Convention this week issued a resolution that would seem to open the door to reporting abuse:
[The RCA] reaffirms its unqualified condemnation of all forms of child abuse.
It reaffirms its halakhic position that the prohibitions of mesirah and arka'ot do not apply in cases of abuse.
It will regularly issue on its website and to the media appropriate statements of condemnation when public attention is drawn to a case in which Jews are either victims or perpetrators of abuse.
It will regularly evaluate the competence of its members in understanding and responding to issues of child abuse and initiate training and continuing educational opportunities for all of its members in this area every year.
The members of the RCA address the issues of child abuse in their communities in at least one sermon, lecture or article within the next twelve months, and that contact information for local abuse services be displayed in a public place in all synagogues, schools, and Jewish community institutions serviced by its members.

Other Aspects of Jewish Law May Also Make It More Difficult for Child Sex Abuse Victims to Find Justice

Unfortunately, the prohibition against mesira is not the only precept of Jewish law that has made it difficult for child sex abuse victims to get help. There is also the prohibition of "lashon hara," which means "evil tongue," and forbids speaking badly of others. It creates an impediment to survivors even telling members of their own communities about the abuse, let alone the civil authorities. Some supporters of adults who have been accused of abuse also have invoked lashon hara to prohibit others from telling outsiders.

There are also cultural elements at play. "Shidduch" means "finding a spouse," and in some circles, the drive to find a marriage partner is a very powerful force. For the most part, religious Jews enter into arranged marriages in which one's lineage and family reputation determine desirability on the marriage market. Making a good match, or "Shidduch," is of paramount importance within these communities. The stigma of being a victim of abuse can deter marriage partners. Therefore, there is strong incentive for the entire family to stay mum about the issue, and for the victim himself, or herself, never to mention it.

In addition, there has been strong communal pressure in Orthodox communities to keep the problem internal. This element has decreased in the Orthodox community, which is divided among diverse synagogues and congregations, but it remains a force in the ultra-Orthodox community, as I will discuss below.

Finally, there has been the problem of denial. Of course, we see denial in many child sex abuse situations, whether the context is religious or secular. The difference here is that, in the Jewish community, denial regarding clergy child sex abuse has been worsened by the belief that one should keep the halakh (Jewish law), which plays an important role in creating a self-identity for the Jewish communities. Living an observant life is transformative. An Orthodox Jew believes he or she will become a better person by keeping the laws, and that belief can translate, for some, into a decision generally to ignore modern studies or media on any issue, because the modern information could have the capacity to call into question their entire lifestyle. When the issue is child abuse, the consequences of that belief can be tragic.

In sum, within Orthodox Judaism, some adhere to a set of internal rules the effect of which is to prevent child sex abuse victims from speaking about their abuse, getting help, or filing criminal charges against perpetrators. Fortunately, however, secular law has provided some of the pressure that is needed to establish a pathway out for the victims. The recent scandals (and convictions) involving Rabbi Yehuda Kolko and Rabbi Baruch Lebovits were a result of the victims bravely coming forward even despite community pressure, and they are surely an indication that the tide has been turning.

Orthodox Jews Should Be Praised for Openly Debating What Should Be Done About Clergy Child Sex Abuse – and Acknowledging that It Occurs

Moreover, there has been a healthy and open debate among Orthodox Jews regarding what to do about this very serious problem. The Flatbush Shomrim announced this last week that child sex abusers should be prosecuted, and advised fellow Jews to report sex abuse directly to the authorities. Ben Hirsch, the President of Survivors for Justice – the first organization of its kind in the Jewish community – praised this move in an op-ed for the Jewish Star.

As with the Catholic survivors' movement, Hirsch explained that secrecy has been in the leaders' interest, not the children's:

"[O]ne does not have to be a cynic to conclude that the rabbinic establishment has a vested interest in keeping reports of abuse within the community. For leaders who could be facing criminal and civil liability, invoking concepts like mesira and chilul Hashem to stop people from reporting is little more than a form of self-protection. Self-protection that, as the past 40 years have shown, has come at the expense of the protection of our community's children."

Hirsh then likened the Jewish situation to that of the Catholics:

"[T]he cover-ups have resulted in hundreds of victims whose abuse could have been prevented. Dealing with reports of sexual abuse internally covers-up the crime, usually with catastrophic results when the pedophile strikes again–something we are hearing about daily in reports about the Catholic Church and frighteningly in our own community as well.

The Torah teaches us to avoid offering counsel in situations where we may be a nogea b'dovor (an interested party). This applies equally to rabbis, whom the Torah nowhere exempts from this rule. As such, because of their inherent conflicts of interest in this issue, I respectfully suggest that rabbis be precluded from being involved in this issue except in very limited ways–namely, encouraging people publicly and in private to go directly to the authorities and supporting them practically, emotionally and socially in that process."

Hirsh offers persuasive arguments, and remarkable conclusions, that bode well for child sex abuse victims in the Orthodox Jewish community.

Unfortunately, the same cannot be said for the ultra-Orthodox, or Chasidic, Jewish community, which as of now is far from being able to aid the victims within the community. A recent announcement in New Square reiterated the principle that abuse should not be reported to the authorities, although it did at least establish a path for reporting the abuse to an internal committee.

As we know from the other universes within which child sex abuse has been a problem, keeping the issue internal is never the best – or even a good, or acceptable – path for the victims. In addition, there is another impediment to justice in this community: Rabbi Blau noted that Chasidic community members defer to the Jewish Laws of Tzniut, which command modesty in both dress and speech and in turn forestall discussion regarding private body parts and improper touch. Victims therefore may lack even the basic vocabulary to report the abuse. And the community is so closed off that communal pressure to keep the issue secret is extraordinary, with few, if any, openings for outside forces such as police, prosecutors, or the media to bring the victims some relief.

Still, there are glimmers of hope from within even the ultra-Orthodox community. Rabbi Shalom Yosef Elyashiv has ruled that the Jewish law not only does not bar reporting, but rather "one should report (an abuser) to the secular government authorities [police, etc.]; and in this there is benefit to society . . ." Thus, the exception to the law against reporting is actually quite strong. That means the barriers to reporting in the ultra-Orthodox universe are more cultural than legal.

Of all of the religious organizations facing these issues, the Orthodox Jews appear to be moving most quickly to the position that the child victim's needs must trump the organization's preferences, even when it means re-examining common interpretations of certain religious prohibitions. For that, the community deserves praise.

Marci Hamilton, a FindLaw columnist, is the Paul R. Verkuil Chair in Public Law at Benjamin N. Cardozo School of Law and author of  Justice Denied: What America Must Do to Protect its Children (Cambridge 2008). A review of Justice Denied appeared on this site on June 25, 2008. Her previous book is God vs. the Gavel: Religion and the Rule of Law (Cambridge University Press 2005), now available in paperback. Her email is hamilton02@aol.com.


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http://writ.news.findlaw.com/hamilton/20100429.html


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Abuse Scandal Plagues Hasidic Jews In Brooklyn

National Public Radio - All Things Considered
February 2, 2009

by Barbara Bradley Hagerty

Joel Engelman and Joe Diangelo are driving through their old Brooklyn neighborhood. Williamsburg is a place from another time and country. The shop signs are in Hebrew. The men scurry by in long black coats; their hair hangs in corkscrew curls. Married women wear wigs to cover their heads.
Engelman and Diangelo haven't been here in years. They just met a few weeks ago, but as they begin swapping stories and the names of family members, they realize they have a lot in common. Both men are in their 20s, both were raised as strict Hasidic Jews, and both fled their upbringing for the same reason.
"Are you ready for this?" Engelman asks Diangelo, glancing at his friend in the back seat.
"Yeah," Diangelo says, his breath quickening. "Yeah, I'll do it, just a quick pass by."
Diangelo grows quiet as we approach a nondescript brownstone building: a synagogue.
"See the Hebrew sign?" he says, pointing. "You go downstairs, and that's where the mikvah is."
The mikvah is a bathhouse usually used by women for ritual cleansing. But in some Hasidic communities, like this one, fathers bring their young sons on Friday afternoons before Shabbat begins. Twenty-one years ago, when he was 7, Diangelo recalls going to the mikvah with his father to find the place packed with naked men and boys.
"And I was in the tub, and I had my back turned, and somebody raped me while I was in the water," he says. He takes a shaky breath. "And I didn't know what happened. I couldn't make sense of it, really."
Diangelo says he never saw the man who abused him. These days, monitors are posted by the bath to stop any sexual activity. But back then, the boy was on his own. He told no one but began refusing to go to the mikvah. He left Orthodox Judaism when he was 17. He changed his name from Joel Deutsch and cut almost all ties with his family and friends.
Now, Diangelo wears black leather and mascara. He plays in a rock band and takes refuge in the heavy-metal lyrics of Metallica.
"There are so many songs, you know. They have a latest song, which is called 'Broken, Beaten & Scarred,' and one of the verses is: 'They scratched me, they scraped me, they cut and raped me.' " He laughs wearily. "And that's my life right there. When I listen to it, it gives me strength."
Allegations Of Abuse
For these two men, this is a tour through aching secrets and violent memories. Diangelo and Engelman are unusual because they let their names be used. But they believe that sexual abuse is woven throughout this Hasidic community.
For Engelman, the loss of innocence came at school.
"This is it, right here," he says.
Engelman parks his car across from the United Talmudical Academy, a hulking building on a desolate street. This was the yeshiva, or Jewish boys' school, that Engelman attended. Engelman says he was 8 years old, sitting in Hebrew class one day, when he was called to the principal's office. When he arrived, he says, Rabbi Avrohom Reichman told him to close the door.
"He motioned for me to get on his lap, and as soon as I got on the chair, he would swivel the chair from right to left, continuously," Engelman says. "Then he would start touching me while talking to me. He would start at my shoulders and work his way down to my genitals."
Engelman says this occurred twice a week for two months. He told no one for more than a decade. Reichman was, after all, a revered rabbi. Four years ago, he told his parents. And a year ago, when he heard that Reichman had allegedly abused several other boys, they confronted Reichman. When the school heard about it, they gave the rabbi a polygraph.
"He failed miserably," Engelman says. "So they told me, 'This guy is gone. This guy has to go.' "
But a few weeks later, a religious leader from the school approached Engelman's mother, Pearl. He posed an astonishing question: On a scale of 1 to 10, how bad was the molestation?
She was speechless. Then she says, the man continued, " 'We found out there was no skin-to-skin contact, that it was through clothing.' So he's telling me, 'On a scale of 1 to 10, this was maybe a 2 or a 3, so what's the big fuss?' "
The school hired Reichman back. That was in July 2008 — one week after Joel Engelmen turned 23 and could no longer bring a criminal or civil case against the rabbi.
An Open Secret
Reichman and school officials declined to be interviewed for this story. But Rabbi David Niederman, who heads the United Jewish Organizations of Williamsburg, says the school did its due diligence. He says the allegation was thoroughly investigated by an independent committee of lay people and rabbis.
"I'm convinced that they made a serious investigation," he says. "They felt that it's not credible."
Now Engelman has filed a long-shot civil suit against Reichman and the school, claiming they broke an oral contract.
Reichman's attorney, Jacob Laufer, says the lawsuit is baseless and that the community is fully behind the rabbi.
"Even after these accusations were publicly made," he says, "the parents continue to compete among themselves for the opportunity to have their children be educated by Rabbi Reichman."
The Reichman case is not isolated. Four ultra-Orthodox rabbis in Brooklyn have been sued or arrested for abusing boys in the past three years. That's a tiny fraction of the actual abuse, says Hella Winston, author of Unchosen: The Hidden Lives of Hasidic Rebels. She says that in researching her book, she encountered dozens of alleged victims who told her sexual abuse is an open secret in the Hasidic community. But the community is so insulated and the rabbis are so powerful that few dare to come forward.
"If I become known as an informer, then people also won't want to have anything to do with my family," she explains. "They won't want to marry my children, won't want to give me a job. This is the fear."
But more and more accusations against rabbis have begun to circulate. Last August, politician and radio talk show host Dov Hikind devoted an hourlong program to sexual abuse. He interviewed Pearl Engelman, who spoke under an alias, about her son's case.
The calls flooded in. Hikind, who is an Orthodox Jew himself, represents this area in the New York Assembly. He says after the show, people started showing up at his office with their stories.
"Fifty, 60, 70 people," he says, "but you got to remember for each person who comes forward, God only knows how many people are not coming forward."
Ongoing Investigations
Hikind refuses to release the names of alleged perpetrators, although he is working with the district attorney's office. He says the people who confided in him are afraid to go public, which creates a perfect situation for abusers.
"If you're a pedophile, the best place for you to come to are some of the Jewish communities," he says. "Why? Because you can be a pedophile and no one's going to do anything. Even if they catch you, you'll get away with it."
"To me, it does not make sense," says Niederman, of the United Jewish Organizations, "that so many people have been violated and for so many years they have been quiet. Something does not add up. It's being blown out of proportion — big time."
Brooklyn District Attorney Charles Hynes says he has 10 active sexual abuse cases involving Orthodox Jews — including a school principal who was recently arrested on a lead from Hikind. And Hynes says there could be many more. Yeshivas are private schools, which means they don't have to report accusations of sexual abuse to civil authorities.
"I've got no way to know if there's a pattern of concealing the conduct," he says.
Hynes says the Jewish leaders — like Catholic bishops — try to handle these affairs internally, through a rabbinical court. It's a practice that infuriates him.
"You have no business taking these cases to religious tribunals," Hynes says. "They are either civil or criminal in nature. Or both. Your obligation is to bring these allegations to us and let us conduct the investigation."
Hynes says he's trying to work out a memorandum of understanding with the rabbis, in which they promise to bring the prosecutor every allegation of abuse.
Pearl Engelman is skeptical: The rabbis have hardly been forthcoming in her son's case. Still, she loves her community and worries these allegations have tarnished it.
"This is a community of the most wonderful people, hardworking people who lead righteous lives," she says. "And it's just a few corrupt people who give us a bad taint."
Her son Joel isn't so sure it's that few. Anyway, for him, any remedies come too late.
"Pretty much, I left my childhood here," he says. "After I left here, I had a totally different picture of school, religion and life."
But Engelman hopes that his story will shine a light on the secret and, perhaps, protect the next generation of children in this community.
Overview: Hasidic Judaism

by Andrew Prince

Hasidic Judaism found its roots in Eastern Europe in the mid-18th century, at a time when Jewish people were experiencing persecution in the Polish kingdom. Seen as a radical movement, a challenge to the tradition of scholarship and the rejection of worldly pleasures of the Jewish elite, early Hasidism emphasized mysticism, emotion, faith and joy. Prayer, song and dance were parts of worship.
The movement was initially led by Rabbi Israel ben Eliezer, known more commonly as the Baal Shem Tov, or Besht. The Baal Shem Tov, which in Hebrew means "Master of the Good Name," won widespread support among all levels of Jewish society for his ideas of inclusion through invocation of stories, folklore, sermons and fables.
"The Hasidic movement was initially a populist movement," says Sylvia Barack Fishman, professor of contemporary Jewish life at Brandeis University. "It realized that the vast majority of Jewish men and women did not have the financial means or the leisure to perform text study. But Hasidic Judaism said there were other equally valid ways of drawing closer to God besides text study. One way was through the joyous worship of God."
The practice of Hasidism today looks different from when it was founded, though many of the principles of community, deep spiritualization, music and lifestyle remain the same.
"The idea of joyous prayer, singing, dancing and spiritual feelings became, within Hasidic Judaism, an alternate route to Jewish excellence," Fishman says.
Modern Hasidic Judaism has broken up into dozens of movements, each led by a central figure, or rebbe, who serves as both a spiritual and political leader. Hasidic movements are located around the world, with the Lubavitchers, in Crown Heights, N.Y., among the most prominent.
The tenets of Orthodox Judaism play a strong role in Hasidism, as religious observance, rituals and the Torah, or the first five books of the Hebrew Bible, are centerpieces of Hasidic culture. Hasidic Jews believe in following the literal word of God and the 613 commandments as found in the Torah as closely as possible.
Hasidic life focuses on cultural institutions, including the school, prayer house, ritual bathhouse and the study house, and dress is traditional, with men wearing long black coats and beards while women wear scarves and modest clothing.
Everyday life is deeply religious, and Hasidic Jews engage in ongoing study and regular prayer. Hasidic Jews believe in the presence of God in all things, so almost every action throughout the day is accompanied by a prayer, including such actions as washing one's hands and eating.
Hasidism places emphasis on the intent of the prayer, as mood and feeling are central to the religious experience. As such, Hasidic worship frequently involves music and dance in a celebratory and joyous mood.
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