Op-Ed: Rabbis Aren’t Always the Enemy

by Yaacov Behrman – Forward

Forcing rabbis to report abuse allegations, as Brooklyn District Attorney Charles Hynes wants, may intimidate families into staying quiet.

All competent rabbinic authorities are in agreement that cases of child abuse should be reported to law enforcement. Agudath Israel of America nevertheless requires parents to obtain rabbinic permission before reporting abuse to authorities. Although in the overwhelming majority of cases, abuse allegations turn out to be accurate, there has been a minority of cases in which innocent individuals were wrongly charged with abuse crimes. These individuals were vindicated only after lengthy proceedings. Therefore, some rabbis feel that in a case where there are no witnesses to the abuse and there is only one victim, who is a minor, a rabbi should assess the validity of the allegations before the accusations are brought to the police.

Personally, I don’t feel victims or their parents are required under Jewish law to ask for rabbinic permission before reporting abuse to authorities, even though, in all likelihood, the rabbis will instruct the victims to pursue charges. I do believe, however, that having a rabbinic authority involved may end up benefitting the victim and helping ease the stigma and trauma that comes with a publicized trial.

Brooklyn District Attorney Charles Hynes’s recent move to have a new state law enacted that would compel rabbis to report child abuse allegations to authorities is a miscalculation and a mistake. As the law currently stands, victims and their families have the ability to seek the advice of a rabbi with confidence that their allegations will not be disclosed. Parents of victims are often terrified of the psychological effect a public trial would have on victims and their families. Victims often go to the rabbi for support, afraid to report the abuse directly to the authorities, afraid of being intimidated or impugning the reputation of an otherwise-respected member of the community, and afraid that public knowledge will hurt their chances of finding a suitable bride or groom in their community. It is in such cases that the rabbis play an invaluable part; they are often able to persuade a reluctant victim to come forward and testify. To paraphrase what one rabbi told a victim: “I do not say that you may report this crime to the police, I say you must report it to the police.”

It is my opinion that far fewer victims will come forward if they know that the rabbi is required to report their allegations to the authorities.

I strongly believe that only a small minority of rabbis advises against reporting to the police. And in today’s day and age, the number of victims who come forward because of rabbinic and community support is much greater than the number of victims who are advised by their rabbis to remain silent.

If Hynes is successful with his legislation, victims who are struggling with shame and uncertain as to whether to pursue charges have nowhere to go for emotional support. And they may end up keeping the information secret altogether.

Yaacov Behrman is the director of media relations for Chabad Lubavitch News Service. The views expressed above are his own.

22 Comments

  • rabbis cant do the job

    i believe this author is mistaken

    history has tought us that cases from mondorowitz and kolko and others were covered up by many rabbis not one or two

    the rabbis have had their chance and they failed miserably

    i believe the rabbus must be rquired to report and people should not trust the rabbi

    its a very simple question the rabbi has

    do i care about this one neshoma that was abused or do i care about my yeshiva being sued and a teacher i work with and know his family being protected 9 out of ten times that rabbi flunks the test

  • pinni

    I agree with rabbi birman 100 percent written well and covers all angles!!! Protects the wrongfully accused minority and is right about the majority of cases that are right… Remember we have a torah which says u need a witness!! Or 2 witneses !!! Great piece!!!

  • Everything That Glitters Is Not Gold!

    There is a valid point to this issue….there are those in the psychological and law enforcement communities that do not care if they use you/your children to advance their careers or themselves. They can, and many times are, an even greater detriment/risk to your children than an abuser is/can be!

  • Ad Masai!

    Unbelievable, 101 excuses why the Rabbi’s shouldn’t do the right thing. But we the sheeple? We gotta do whatever they say, regardless of the consequences.

  • I was there

    ugh….I’ll just say something….the author must have been reading someone’s notes because he surely wasn’t there. I was and that was NOT was our district attorney said. He did explain why he doesn’t reveal the abusers/monster’s names. He did say that EVERYONE is a mandated child abuse reporter. If you see something- say something! He did say that more funds need to be put up to help victims and their families. He did say that news stations like crownheights.info can be very useful by exposing institutions that try to intimidate victims’s families by kicking those kids and their siblings out of school/shul/camp. He did say that the rabbis were often the worst people that victims should go to first.

  • False accusations can be tested

    Aren’t there medical tests that can be done to
    verify that the accusation may be true?

  • a shliach

    Who is this bachur who claims to represent chabad. No bachur should be taking about these topics unless they are a victim! Shame on you?

  • Yaacov Behrman You are a disgrace

    Yaacov Behrman You are a disgrace to our community and an embarrassment that you exist,

    For years the leaders of our community have been covering up stories.

    Moshe Keller was arrested in Israel for molesting a girl and sat in jail for 6 months (it was used in his defense at court)
    Shea Hecht saw his arrest report and let him into this community.

    in 2001 a boy went to the best din and complained how Keller was abusing him the bes din said he will go to therapy and it will never happened again….

    in 2007 a boy emailed shea hect saying how he was viciously abused by Keller and shea called Keller into his office and asked him if it was true and Keller said no and then that was it he never contacted the boy from the email.

    in 2011 he got arrested for abusing a boy so please tell me how one guy slipped thru the cracks 3 times? And you are telling me the beis din and shea hect should be our gate keepers?

    I wonder what will happen when your child is abused….. You are an evil man and a protector of abusers!!!!!!!

  • keep dreamin- mr berman.

    i’m just one person and i know of two different stories envolving relatives where the rabbis did cover up,send the perp away.

  • You Can Do It, If You Want!

    We all know every organization has some bad apples. We all know, given the right opportunity, one will generally side with what is best for themselves and their own.

    That said, why don’t you find a few good, honest rabbis (they do exist) and create a team of rabbis from various areas and backgrounds, as well as, some good non-rabbis with solid experience in many areas, and let them serve as the contacts for dealing with such issues. Keep in mind, when you are part of a community where this happens, you also are victimized and have a hard time dealing as well! Truly, you are generally also at fault in some way as well…you allowed it to happen, and often, unwittingly, encouraged it! Even so, you too broke the law!

    If you truly want to help, you will find a way to help in a constructive manner that benefits all!

    Keep in mind, the victim still needs the community and is generally put out along with their abuser. Both the abuser, and their family, will need the protection and help that only another Rabbi can give! Otherwise, healing will never come.

  • It is here!

    You had better be more worried about the wrath of Gd falling on your community than your yeshivas or your victims. Gd can, and will, take care of any victim Himself; He doesn’t need you! For the reality is, you too failed in the first place!

  • rabbis wisdom

    I am a parent of a child that was abused and rreported it to the authorities,thinking that was best for my child.I also got my child to see a therapist immediately.the authorities took about six months to bring this to court -at which point my child had recovered from the trauma with the help of this therapist-and bringing him to court and to testify would have been not in my child’s best interest,so we dropped it. this path is not always the best for the victim-maybe for the activists involved but it was not for my child.the rabbis have a wisdom we should not necessarily ignore.

  • to 11

    I am sorry to say this but it is not only for your child it is to protect other children – so i guess it is ok for him now to molest other children? great – care about yourself and not about another jew – rabbis have no wisdom on child abuse and your child i doubt was abused by the way you are writing your words – you are a friend of the guy that wrote this article and anyone that is a victim or a parent of a victim can read right thru your lies.

  • anonymous

    Any one who wants to have another Jew Arrested or any woman who wants to Get A Restraining order against her Husband or have Her Husband Arrested for What Ever Reason All they Need do is Call Rabbi Dovid Cohen From Gvul Yavetz in Flatbush on Coney Island Ave and He will Ok It Rabbi Cohen has Said Many Times That The MORE Jews that go to Jail the Less crime there will be

  • A victim

    First of all, attacking Y Behrman personally is wrong, pointless to the discussion, and childish.
    Secondly, I believe that in some of the cases in which the rabbis ‘failed miserably’, it was because they had an ulterior motive (the name of their institution) involved.
    As Jews, we are required ‘Asay Lecha Rav’. We MUST speak with a Rabbi before we take any steps in life which may go against the Torah. What Y Behrman is saying is that victims are sensitive, and need guidance. Our communities are very judgmental. Getting the advise and Torah’s perspective from a Rabbi who is completely out for the victim’s good, and is in no way connected to the perpetrator, is a good idea.
    Lehavdil, non-jews also ask advise from their spiritual leaders before taking a step that will turn over your entire family’s lives.

  • My apologies 14

    Number 14, my apologies…I should have read my typing more closely before submitting. Even so, you bring up a very important point.

    First, the victim and his/her family need support. And of great importance, is their need for spiritual guidance and protection, even, and especially, from the do-gooders!

    Second, the abuser’s family members are generally victims in some way. A court case, or report, is like slapping them in the face with a reality they have denied/never seen for years. They, too, are confused, wounded and hurt. They too need love, help and acceptance (and possibly financial support). They have no idea how to deal with it or what to do. Imagine a wife wondering what her husband might have done to her children that she does not even know about….or, imagine the wife thinking, I’ve gone to bed with this man every night for 30 years, was I not good enough? How could a child be a desire to him instead of me? These situations create confusion for all!

    While this statement may offend, it is important to point out Gd’s perspective on sin. Sin, regardless of the sin, is still sin and abhorrent in the eyes of Gd! While some sin carries a greater penalty than other sins, the truth is, it is still sin, period! All sin deserves death. We all have broken the law of Gd and man. We all deserve to die.

    With that said, I’m not minimizing this abhorrent, hellish and very harmful sin. I, too, when I sin by not keeping Shabbat fully, have a hard time putting myself in the same category of sinner as a child abuser. Sin is sin to Gd. Different sins have differing consequences, some of which are more grave than others but all make one a “sinner” deserving of death…the soul that sins, it shall die!

    Another point to keep in mind, children generally know only what they have been taught. Many abused children don’t understand that what is happening is wrong. When you slam it in their faces with your anger at the victim/ circumstances, you cause an even greater trauma to the child! In fact, you can become their enemy very easily because you become the bad guy! Be very careful!

    Finally, when abuse finally comes to light, it is the tendency of all to re-write an abuser’s life story and turn anything good they may have done into bad. The truth is, many abusers still do good and that is mind-boggling!

    Jews of old use to seek Gd for their direction. It is my recommendation that CH seek Gd’s direction for how to deal with this issue.

    p.s., keep in mind, Gd is capable of dealing with bad rabbis.

    One final note, it has been proven and some “victims” have later reported that their stories were lies. This is a very valid concern!

    Because we are not Gd, and even if we were, any decision made, and any action taken, will not appear to be 100% for everyone involved. Sometimes when Gd does things, it appears some folks get the short end of the stick without explanation. If we truly believe that Gd is our Gd who cares about us and will take care of us and protect us in accord with His will, we have to also accept that His will may not always include things we think are best for us and may seem harmful at the time. (Sin has marred Gd’s ability to give us His best.)

    My heart goes out to you CH. This is not an easy issue with which to deal and only the wisdom found in the Word of Gd will keep you, heal you and direct you!

  • Halacha not based on our understanding

    According to Halacha one is not allowed to snitch to the government (mesera). There are exceptions for life and death situations. In such cases its after the fact and no life and death imminent, so we should ask a shaila before Mesera. (Unless its like a kletzky missing person about to be killed situation.)

    In American Law there is clergy confidentiality. Why doesn’t Hynes make the Priests report their confessions? (ie murder, rape robbery, assault, organized crime, etc.)
    Answer: Votes.

    Lets not fall for his BS.

  • did a whole siman in shulchon oruch

    suddenly disappear? you say ‘All competent rabbinic authorities are in agreement that cases of child abuse should be reported to law enforcement.’ who are you to judge competence of rabbonim? the only measuring tape is shulchon oruch, and it doesn’t give such a heter. a rov who disagrees with shulchonoruch is not competent. since the shulchon oruch doesnt allow massering how can any one support laws that force people to do aveiros? the law of mandated reporters is like a law saying you have to eat chazer or be mechalel shabos.

  • moti

    to #19 you are SO WRONG a molestor is a RODEF and you can do anything to stop him (including killing actually…) that is from SHULCHAN ORUCH. Any Rov who understands abuse will allow you to report it. It is only those who have no clue who think it is messirah.

    By the way how come we are all so makpid on messirah and not on protecting children.

    Also if you are Director of a News Service you cannot print and say “it’s my own views” it is bound to be indentified with your mossad.

  • You are not helpless; learn your text!

    It is true, religious leaders have the upper hand but against Gd, they have no hand. Since Gd’s men answer to Gd, then take your case before the L-rd, He will be more than happy to deal with a man in sin. That is one of His duties as Gd…the server of justice! But you had better be right and with the right intentions or Gd will deal with you!

    By the way, you folks act like this is a new sin under the sun and there is nothing that can be done about it! It isn’t. Gd installed these men, Gd can take them out!

    Keep in mind, if you have let the rabbis spoon-feed you to the point you don’t know the word of Gd yourself and cannot utilize it to deal with such issues, then you are at fault as well.

    By the way, did you see where it says there is no hope for a nation when the priests are bad? Do you want your nation or do you want your bad priests/rabbis? Take your pick! One rotten apple can spoil the entire bushel!

  • Very important!

    Oh, I forgot. If you expect Gd to move for you, you had better be doing what He says as well!