Agudath Israel Of America Again Tells Mandated Reporters To Violate The Law On Child Sexual Abuse

Agudath Israel of America's statement posted below, says that in most cases of child sexual abuse, a rabbi must be consulted and only if rabbinic approval is given can police be called.

 

Agudath Israel of America issued this statement today in an attempt to clarify its position on reporting child sexual abuse to police or child protective services.

If you compare it to Agudah's position clearly stated at its halakha, Jewish law, conference a couple months ago and first reported here, you'll see that there is no major difference.

Because the standard of raglayim l'davar, enough evidence to believe something is true, is something that rabbis need to determine, each case of suspected child sexual abuse, short of actually witnessing the abuse taking place or having clear physical evidence of that abuse, must be brought before a rabbi, not police.

This Agudath Israel of America conference granted CLE credits, and Agudath Israel of America clearly told mandated reporters at that conference that they must ask a rabbi for permission to report suspected child sexual abuse (or elder abuse and vulnerable adult abuse) to police. And that telling mandated reporters to break the law.

This should mean that Agudah is forbidden in the fututre from holding or participating in CLE credit-granting events.

As for Agudah's statement today that says a formal beit din is not necessary to do this, or that the rabbi the ase is brought to should be sensitive to the pain of abuse victims, the actual Agudah position clearly stated as halakha by them in a halakhic setting and captured on tape says that a beit din is preferable and that the rabbi or rabbis in any case should be senior.

Today's statement is Agudah's attempt to spin this in response to the audio posted here earlier this week and picked up by the Jewish Week and the JTA, in which senior Agudah leader Rabbi Shumel Kamenetsky says you must bring cases of suspected child sexual abuse to rabbis, not police.

Here is Agudah's statement:

Agudath Israel of America has received several inquiries in the wake of misleading claims that have recently been made about our stance on reporting suspected child abusers to law enforcement authorities. We take the opportunity to clarify our position.

As Torah Jews we live our live our lives in accordance with halacha. The question of whether and under what circumstances one is halachically permitted or required to report to the authorities suspicions of child abuse (including sexual molestation) has attracted the attention of a number of our generation’s most prominent rabbinic authorities. Many of their responsa have been collected in the respected Torah journal Yeshurun, Volumes 15 and 22.

As elaborated at a recent Halacha Conference sponsored by Agudath Israel of America, these responsa make clear that when certain standards have been met it is not only permitted but in fact obligatory to report suspicions of abuse or molestation. The general principles that emerge from these responsa are as follows:

1. Where there is “raglayim la’davar” (roughly, reason to believe) that a child has been abused or molested, the matter should be reported to the authorities. In such situations, considerations of “tikun ha’olam” (the halachic authority to take steps necessary to “repair the world”), as well as other halachic concepts, override all other considerations.

2. This halachic obligation to report where there is raglayim la’davar is not dependent upon any secular legal mandate to report. Thus, it is not limited to a designated class of “mandated reporters,” as is the law in many states (including New York); it is binding upon anyone and everyone. In this respect, the halachic mandate to report is more stringent than secular law.

3. However, where the circumstances of the case do not rise to the threshold level of raglayim la’davar, the matter should not be reported to the authorities. In the words of Rabbi Yosef Shalom Elyashiv, perhaps the most widely respected senior halachic authority in the world today, “I see no basis to permit” reporting “where there is no raglayim la’davar, but rather only ‘eizeh dimyon’ (roughly, some mere conjecture); if we were to permit it, not only would that not result in ‘tikun ha’olam’, it could lead to ‘heres haolam’ (destruction of the world).” [Yeshurun, Volume 7, page 641.]

4. Thus, the question of whether the threshold standard of raglayim la’davar has been met so as to justify (indeed, to require) reporting is critical for halachic purposes. (The secular law also typically establishes a threshold for mandated reporters; in New York, it is “reasonable cause to suspect.”) The issue is obviously fact sensitive and must be determined on a case-by-case basis.

5. There may be times when an individual may feel that a report or evidence he has seen rises to the level of raglayim la’davar; and times when he may feel otherwise. Because the question of reporting has serious implications for all parties, and raises sensitive halachic issues, the individual should not rely exclusively on his own judgment to determine the presence or absence of raglayim la’davar. Rather, he should present the facts of the case to a rabbi who is expert in halacha and who also has experience in the area of abuse and molestation - someone who is fully sensitive both to the gravity of the halachic considerations and the urgent need to protect children. (In addition, as Rabbi Yehuda Silman states in one of his responsa [Yeshurun, Volume 15, page 589], “of course it is assumed that the rabbi will seek the advice of professionals in the field as may be necessary.”) It is not necessary to convene a formal bais din (rabbinic tribunal) for this purpose, and the matter should be resolved as expeditiously as possible to minimize any chance of the suspect continuing his abusive conduct while the matter is being considered.

During The Search For Leiby Kletzky, Senior Agudah Rabbi Shmuel Kamentzky Says Rabbis Must Give You Permission On A Case By Case Basis To Report Child Sexual Abuse To Police.

Agudath Israel Of America Says You Have To Ask A Rabbi Before You Can Call The Police On A Child Molester.

[Hat Tips: The Lion, JWB, MMA.]

Comments

[moshe]

To urge people to violate the laws of the state is not being a torah Jew. These unethical snakes protect the molesters who look like them and don't give a damn about children.

[Proton Soup]

interesting. so if a rabbi acting as a reporting filter makes a poor judgement, will they be civilly and/or criminally liable?

[anuran]

I hope the next raped child's parents successfully sue the hell out of A.I.

[OMG]

It is nothing more than a whitewash, they are trying very hard to confuse and mislead the none-Jewish authorities. I hope somebody with some religious backing finds a victim who has standing in court and willing to commence legal action.

[BacktoPharisism please]

we need to PRAY KING HEROD HA GADOL Comes back to completely destroy the kenoim! He did it 2000 years ago with great success - who says he CAN't do it again!?

[David]

In what other group would there even be a discussion as to whether the police should be called to report known or suspected crimes?

[seymour]

th shomrin say the frum public is afraid to go to the police and gives many reason and so does greenfeild

they are all lying the reason us the rebbies

[Very Concerned]

Where can I find a menchlecheit frum community who know & practice the 5th chelek?I'd like to join up.

[Sam]

DUDE I THINK THE OWNER OF THIS WEBSITE IS A SELF HATING JEW AND GOT ABUSED WHEN HE WAS LITTLE THAT IS WHY HE IS SUCH A BITTER ASSHOLE AND TALKS LOSHON HARA ALL DAY! ASSHOLE WAKE UP BEFORE YOU WILL BURN IN HELL FOR ALL YOUR BS!

[anuran]

David, among mobsters, gangsters, pimps, pickpockets and thieves.

[shmuel]

Woe to us who have "leaders" such as these. THEY will dtermine the quality of the allegations? Really? Do they have training? Not a single one of them. NOT ONE. And so piously do they trumpet how halacha mandates even more stringently then secular law to deputize everyone to become a mandated reporter. After 50 YEARS of allowing abuse to proceed by rabbis on children in their holy moisdois, NOW they get all righteous and law abiding! This statement must be sent on to the district attorneys of all five boroughs, as well as throughout New York state, for review with an eye towards prosecution of the entire nogooda israel, its "leadership" and mojuthpieces alike, itsz entire administrative staff, its fundraisers, etc. Tkime to pull the plug on an criminal enterprise.

[Nigritude Ultramarine]

לפני עיור

[Nigritude Ultramarine]

I'm sorry, but I was given to understand that a person holding himself out to be a posek, is supposed to be the subject matter expert. Isn't that the type of rabbi we are talking about?
“of course it is assumed that the rabbi will seek the advice of professionals in the field as may be necessary.”

[AJEW]

IN RESPONSE TO THIS,I,AND MANY OF MY FRIENDS HAD BEEN SEXUALLY AND PHYSICALLY BY OUR REBBE IN MEAH SHEARIM....62 YEARS AGO.WE WERE TALMIDIM AT YINGARESHE TALMUD TOIRA ,OUR REBBE-SHEM RESHAIM YIRKAV-MOISHE EICHLER,ABUSED US,T HE ORPHANS,THE HELPLESS THE POORS,HE WAS A SADOM AZOCHIST,A PEDOFILE.A SCION TO PEDOFILES,SEXUAL DEVIANTS,HOMOSEXUALS,THE DREG OF SOCIETY,AND NOW,YOU CALL HIS SON A DAYAN?? REBBE?? HIS SON LEIZER NEVER OPENED HIS MOUTH WHEN HE SAW US ON THE VERGE OF DEATH,NEVER REBELLED AGAINST HIS FATHER WHO SODOMISED MY TINY FRIENDS,WHO STUCK KEYS TO THEIR BEHINS,WHO ALMOST KILLED ME TO A BLOODY PULP,JUST BECAUSE I WAS HELPLESS AND NONE INTERVENED ON MY BEHALF,AND THIS SCION OF SUCH A FAMILY FAMOUSE FOR HER PEDOFILES,FOR A HUSBAND WHO JILTED HIS WIFE AND RAN TO THE USA TO COME BACK WITH A...CONCUBINE.TO GANUVIM,TO SEXUAL DEVIANTS,AND NOT TO BE REPORTED?? NO WAY,ELIEXER EICHLER IS A DAYAN AT THE BOYANER BEIS DIN,THE SAME BOYAN,WHICH HAD LOST APURE LITTLE BOY HAYA'D,AND YOU BOYAN KEEP ELIEZER EICHLER.FROM THE DREG OF SOCIETY YOUR DAYAN?
OUR BLOOD,OUR SHAME,OUR LOST YEARS OF NOT BEING DEALT CORRECTLY WITH SUCH ABUSE WILL BE ON THOSE WHO CALL TO RABBUNIM TO DEAL WITH,SEND THEM PACKING,THIS IS A POLICE MATTERS.THE POLICE IN ISRAEL CANT HELP US ANY MORE,BUT YOU PEOPLE ,MAKE SURE THE POLICE AND FBI SHOULD.