Child Sex Abuse Reporting: Ohel Versus The Jewish Week

Ohel refuses to learn from the fiasco of the Catholic Church’s shameful system of sheltering pedophile priests, or the doomed-to-failure attempts of the Beis Din of Yeshiva University that exonerated Rabbi Baruch Lanner, who was later convicted in criminal court of child sexual abuse; and the failure of rabbinic panels in Lakewood, Baltimore, Los Angeles and Chicago, to solve the community problem of sex abuse “internally.”  Rather, Ohel is proudly helping set up yet another rabbinical committee to “deal with” (read: cover up for) sex crimes in…the community of New Square.

A child abandoned once again: refocusing the discussion of Ohel vs. The Jewish Week
Asher Lipner, Ph.D. • Special to FailedMessiah.com

Hella Winston, after months of painstaking research and investigation, published a series of articles in the Jewish Week earlier this year illuminating several cases in which Ohel Children’s Home and Family Services falied to warn the community about confessed child molesters, and quoting me about a case in which it discouraged its workers from reporting child sexual abuse to the authorities.These revelations have sparked a flurry of discussions in the media, on internet blogs, in paid “advertorials” by Ohel, and in a host of meetings and telephone calls of professionals, child advocates and concerned community members to which I have been privy.  As Ohel’s policies and practices continue to be called into question, the intense dialogue and discussion about what is expected by the community of such a valuable and important organization can only lead to positive change.  But I fear that the most important issue that has come to light has been lost in a war of words.

First, a synopsis:

1.  The issue of personal credibility has been a particularly vociferous one, with Ohel unfortunately choosing to “shoot the messenger” rather than address, investigate and confront the challenges of the message.  Personally, I freely admit that I am one of many current and former employees who have been frustrated with and have even felt mistreated by Ohel.  Others have also contacted the Jewish Week to disclose cases of being discouraged from reporting child abuse and other inappropriate employee treatment.  So far, I am the only one brave (or stupid) enough to use my name and risk the wrath of the communal Goliath that is readily willing and financially able to spend thousands of dollars of community money on personal attack ads.  But I can vouch for all the other “disgruntled” employees that we would all be a lot more “gruntled,” if Ohel would create safe avenues for its staff to address their grievances with management, and experiences of employer-abuse with the Board of Directors or an oversight committee, without fearing retribution from Ohel management.
2.  Ohel has gone to great lengths in their advertisements to defend themselves against charges that they have broken mandated reporting laws by revealing what they consider legal loopholes.  Some are based on real issues, like in cases when a child molester’s identity is protected by HIPPA confidentiality laws (although there are exceptions in the case of public safety concerns) and some are fabricated, like when the molester is mentally ill, which is no way an exception to the rule that requires reporting.  While Ohel has publicized that it “welcomes” stricter mandated reporting laws, it has supported Agudath Israel of America – the only religious group in all of New York State to oppose a bill mandating clergy to report.

3.  A recently published book on sexual abuse in the Jewish community that was co-edited by David Mandel (Ohel’s CEO) states that it is “understandable” that Orthodox professionals who are mandated by law to report abuse nevertheless feel hindered by cultural taboo from doing so.  In reality, it is more than a taboo; the rabbis, including Ohel’s “morah d’asra” Rabbi Dovid Cohen quoted in Mandel’s book, have exhorted professionals to flout the law and consult a rabbi before reporting suspicions of abuse.  The book also echoes the Agudah position admonishing parents that if molestation occurs at school, they should report only to the principal and not tell other parents, because it is a “private matter.” (BREAKING THE SILENCE: SEXUAL ABUSE IN THE JEWISH COMMUNITY).  Furthermore, Ohel’s ad suggests that if one of their employees does choose to follow his or her own conscience and report suspicions to child protective services,   “reports may be made anonymously, obviating any possible fear of retribution.” (The truth is that in New York, it is illegal for an employee to report abuse without notifying their employing agency).

4.  Ohel refuses to learn from the fiasco of the Catholic Church’s shameful system of sheltering pedophile priests, or the doomed-to-failure attempts of the Beis Din of Yeshiva University that exonerated Rabbi Baruch Lanner, who was later convicted in criminal court of child sexual abuse; and the failure of rabbinic panels in Lakewood, Baltimore, Los Angeles and Chicago, to solve the community problem of sex abuse “internally.”  Rather, Ohel is proudly helping set up yet another rabbinical committee to “deal with” (read: cover up for) sex crimes in the community of New Square. 


The little boy

The principal reason for me putting pen to paper is to attempt to re-direct attention to what the Jewish Week story was really all about.  Investigative journalism and communal activism can sometimes lead to hurt feelings.  But there is one individual whose feelings have been hurt in this story more than anyone else’s, and as often is the case, have been completely overlooked in all of the tumult.

At the time the story reported took place, the little boy written about was being taken into his mother’s bed each night and being touched inappropriately.  That a mother would commit such incestuous abusive acts against her own son is so shocking and inexplicable to most people, that there is a societal tendency to deny it or to think that it could only happen with psychotic mothers.  Unfortunately this is not the reality.  Scientific studies suggest that although most sexual abusers are male, there are a dangerous number of females (including many mothers) who molest children as well (estimated at 5% of those who abuse girls, and 20% of those who abuse boys).

Of the various relationships in which sexual abuse occurs, many psychologists are of the opinion that mother-son sexual abuse is the most emotionally devastating and traumatic of all.  First of all, the problems of any woman-on-boy abuse are exacerbated by the false perception in society that boys and men always want sex, and that a boy is just being “initiated” into sex by an adult woman. 

When the woman is the boy’s mother, he often will disbelieve his own experience, trading in his reality for society’s strong belief that “mothers don’t act that way”.  Or he may assume that on some level he must have been the one who wanted it and even somehow initiated it, leaving the boy feeling guilty, ashamed and even crazy.   Because he craves his mother’s attention and enjoys being held and caressed, a son is especially confused and overwhelmed when his mother takes advantage of this and uses him for her own sexual gratification. 

Dr. Richard Gartner, Ph.D. is the founder and past clinical director of the William Alonson White Institutes Sex Abuse Services.  In his classic work “Betrayed as Boys: Psychodynamic Treatment of Sexually Abused Men,” he notes that male survivors of maternal incestuous abuse often experience in life a sense of “specialness and entitlement, but that this exalted status is tenuous contingent, and provisional.”  The fact that they may get pleasure from the experience, causes many of these victims to have intense ambivalence and anxiety, and whenever something exciting in their lives occurs they experience dread that something terribly wrong is about to happen.  Even for those who do not subscribe to Freud’s theory of the Oedipal Complex and the importance of its safe resolution, there can be no question that the blurring of boundaries between the needs for nurturance and security of the child and the sexual needs of his first and most important care giver is inevitably disastrous for the child’s emotional development.

The long term sequalae of this kind of trauma can include psychological conflicts about safety and security, trust and betrayal, intimacy and loneliness, anger and guilt, and shame and pride, as well as confusion about gender identity and sexual orientation (many survivors are forever turned off from sex with women).  And as with every kind of survivor of child sexual abuse, the trauma engenders a heightened pre-disposition to a host of mental problems including mood and anxiety disorders, eating disorders, sexual dysfunction, substance abuse, Post Traumatic Stress Disorder and suicide.

The horror of the Jewish Week’s story lies in the fact that the very organization that has been established to come to the aid of boys like this betrayed him.  If not for a conscientious worker in a psychiatric hospital, the boy would most likely still be living his nightmare.  And if not for the Jewish Week’s follow up story informing us that the mother is no longer is allowed unsupervised access to the child, there would be no way for anyone in the community to know if he is indeed currently safe.

Because we did not have sufficient information about the mother’s current whereabouts, the Administration for Children Services would not even take a report from those of us who are concerned, despite the fact that we mentioned she was treated at Ohel.  In fact, there is still no way to be reassured that the other relative who the Jewish Week reported also molested the boy has ever been reported to the authorities, and the poor boy may still not be out of the woods AS A RESULT. 

According to the Jewish Week’s sources, it seems that the youngster is not even currently being seen for psychiatric treatment.  How much more must he endure until our community is willing to investigate and ensure his safety?

Instead of looking for loopholes in the mandated reporting laws, Jewish organizations and therapists need to start understanding the limits of the HIPPA confidentiality laws (especially in cases of public safety concerns).  It is easy to see why Ohel has empathy and identifies with the child abuser who may feel hurt and ashamed when reading about her crimes in the newspaper.  But Ohel needs to show more concern for the feelings of the victims of abuse, and less for the predators.

The very same verse in the Torah that mandates the keeping of confidences by all Jews, professional or not, “Thou shall not be a tale-bearer among your nation,” ends with the commandment “Thou shall not stand idly by the blood of thy neighbor”.  In the recently released documentary “Standing Silent,” about attempts by the media to expose cases of rabbinic cover up of sexual molestation in Baltimore, Rabbi Dr. Abraham J. Twerski explains that the Torah is teaching us that when another person’s safety is at stake we are morally obligated to always break confidentiality.  Despite technical legal concerns, as Jews we answer to a Higher Authority. We need to do more, not less, than others to protect our children and not their abusers.

Asher Lipner is a psychologist and a well-known anti-child-sexual-abuse advocate based in Brooklyn.

Comments

[mordecai]

I am very skeptical of psychologists. Many have an ax to grind. Below is a humorous piece:

In the New Mexico Legislature's 1995 session, Sen. Duncan Scott, a Republican from Albuquerque, proposed an amendment to a psychologist regulatory bill offered by another senator. The Scott amendment would have dramatically changed the face of New Mexico's legal system:

The amendment said: "`When a psychologist or psychiatrist testifies during a defendant's competentcy hearing, the psychologist or psychiatrist shall wear a cone-shaped hat that is not less than two feet tall. The surface of the hat shall be imprinted with stars and lightning bolts.

"Additionally, a psychologist or psychiatrist shall be required to don a white beard that is not less than 18 inches in length, and shall punctuate crucial elements of his testimony by stabbing the air with a wand. Whenever a psychologist or psychiatrist provides expert testimony regarding a defendant's competentcy, the baliff shall contemporaneously dim the courtroom lights and administer two strikes to a Chinese gong."

The bill, with the wizard amendment, passed the Senate by voice vote and cleared the House 46-14. Unfortunately, Gov. Gary Johnson vetoed the legislation.

[seymour]

none of what Asher Lipner will do anythink

the people who lead the frum communities will alway only look into the Talmud for answers and everything else is just nonsense to them

sadly

instead of merging what the Talmud says and what we know now

[Adams]

the way they misuse the Torah is appalling. the context of alot of the Mesirah statutes are not relevant. I beleive there is a mindset that affects the fruma world in social and societal respects. I think it's the power of the Rebbeim and the hold they have over others. Everyone wants a sherayim it seems.

[Adams]

Gary Johnson for President.

[seymour]

mordecai

This actually happened although the details aren't quite right. The following information is from the New Mexico legislative service:

In 1995, Senator Scott offered a joke amendment, Senate Floor Amendment number 1, to Senate Bill 459.

Senate Bill 459 was an act "Relating to Health Facilities; Providing Staff Membership and Clinical Privileges for Licensed Psychologists in Certain Health Facilities; Establishing Procedures Regarding Certain Admissions to a Health Facility; Enacting Sections of the NMSA 1978."

On motion of Senator Scott, which carried, Senate Floor Amendment Number 1 to Senate Bill 459 was adopted by voice vote. On motion of Senator Romero, which carried, Senate Bill 459, as amended, passed the Senate by a vote of 30 for and 0 against. The amendment was struck from the bill in the House. Therefore, it was neither vetoed by the governor, as has been misreported, nor became law in New Mexico, as has also been misreported.

[Asher Lipner, Ph.D.]

Mordecai,

I must admit that I am surprised that New Mexicans follow Da'as Torah.

[mordecai J.D.]

Asher Lipner Ph.D:

Have you ever seen a man falsely accused of child abuse after getting life in prison cry on your shoulder and have his relatives collapse in your office?

[Asher Lipner, Ph.D.]

Mordecai, J.D.,

No, I have not, and that sounds like a terrible experience for you and an appalling miscarriage of justice.

I can assure you though that the cases I am writing about though, were all cases where there was real child abuse not false allegations. So, while I sympathize for your client's plight, I am not sure why you ask me that in this context.

[Korbendallas72]

Note: Human beings are disgusting, lowly entities worthy of wholesale destruction.

[mordecai J.D.]

Asher Lipner, Ph.D

How do you hear the "silent scream" and what safeguards are there to prevent overly solicitous actors from filling in the blanks?

[CALA NY]

National Organization STOP THE VIOLENCE INC. opens the doors this month to the first strictly kosher shelter in New York for victims of domestic violence************
September 1, 2011 - New shelter program leaves Ohel in a tizzy, floundering to get "in" on their nationwide competitor for federal funding.

[Maminu]

Asher Lipner, Ph.D

How do you hear the "silent scream" and what safeguards are there to prevent overly solicitous actors from filling in the blanks?

There are none. While we should all do what we can about molestation, this has become a frenzied witch hunt, with people who harbor agendas fueling the fire. All these Kanoyim like Lipner are just preventing the victims from getting help because they are demanding "our way or the highway" - "Our way" being vigilante justice on the street corners of blogs and internet articles like he writes where anyone they deem guilty is guilty and vice versa.

[COALITION FOR JEWISH ADVOCATES]

DR ASHER LIPNER IS TO BE COMMENDED FOR THIS GREAT OP-ED ON OHEL.ASHER WAS OUR LEADER IN STARTING THE COALITION THAT UNITED ALL ADVOCATES IN OUR COMMUNITY INTO ONE VOICE FOR JUSTICE FOR VICTIMS OF ABUSE

[MARK MEYER APPEL]

KUDOS TO DR LIPNER FOR THIS AMAZING OP-ED AND ALLWAYS BEING THERE AND DOING THE RIGHT THING

[yudel]

bottomline
OHEL wins and will win as the fix is in until victims who have the backing and courage go to civil court. This is what changed the Catholic Church and not anything else. No Jews will go to court. End of story. Write all you wish. I laud you but you are never going to make headway. Jews are still cowards. Victims have no support and fear the double whammy of rerape in court.

If there was a powerful law firm who would organize, advertise and step in and do this for free the maybe. Even though their services are free if they are honest and will take a percentage from the win in court.

Things only far worse.

[JRKmommy]

I'll look up that Ohel book, because those suggestions are crazy.

Anonymous reporting? As someone who has worked for a child protection agency, I can tell you that anonymous reporting is FAR less effective. A report from a named source, esp. an unrelated third-party professional such as a doctor, teacher, daycare provider, etc., carries real weight and gets a quick response. If necessary, it can be used as evidence when obtaining a warrant to apprehend a child. Anonymous reports get a response, but it is slower and the report carries very little value as evidence, since it could have come from a vindictive ex, nasty neighbor, etc.

I'm also distressed that none of the Orthodox apologists for the "consult first" position seem to realize just how important fresh, untainted evidence is. Any delay, or any interference by people talking to the child or reporter, can irrevocably damage an investigation. This works both ways, btw. I've seen investigations where an innocent person was under suspicion for far too long because of delayed reports and "broken telephone" information. Interviewing child victims is a job best left to real professionals.

[No Light]

Keep up the good work Asher.

To mordecai, and all the other trolls, you won't win. In your pathetic little bubble, your denigration of those who try and protect children may make you feel like a big man, but actually you look like a fool.

False accusations are incredibly rare. Children may be imaginative, but there's not a kid in the world who can make up a convincing story of sexual abuse if they haven't been subjected to it already. The very rare number of false accusations usually boil down to a confused, sexually molested child blaming the wrong person, out of fear that reporting the real person will result in harm. It's a common threat to a child, "If you tell on me I'll kill your mother and father". That's why even apparent false accusations need to be looked at very carefully by a PROFESSIONAL. It's not about the adults, it's about the children.

So please, stop trying to derail with your crap about the "poor men" being falsely accused whenever someone says that reporting should be mandatory. Only a molestor, or someone protecting one would say that was a bad thing.

[Asher Lipner, Ph.D.]

To Mordecai J.D.,

Once a victim of sexual abuse or any survivor of trauma is made to feel safe and supported, the screams usually are no longer kept silent. I hear loud and agonizing cries of pain and anguish.

It sounds to me that you have suffered from an experience of seeing someone you cared about wrongfully accused and punished harshly. However, I wonder if you have not had a chance to feel the safety or support at least here in this conversation to really open up and tell us what happened and what you feel about it.

In my experience, most of the readers here are open minded and would be interested in hearing the details of your story and what your thoughts, feelings and concerns are, and you might get some positive feedback.

To Maminu:

See No Light's comment.

To Yudel:

From what I hear, the class action lawsuit idea is being worked on. I do not know the lawyer or any of the potential litigants, but if you are aware of anybody who wants to join, I can put them in touch with people who are helping the victims organize.

To JRKmommy:

Thank you for sharing. It is much to rare to hear from someone with your experience in the discussion in our community about child safety. A real live child safety professional. Wow, what a novel idea!

On top of that your comments show a lot of seychel, common sense (that is not common at all) and excellent ability to express information that can be confusing and emotional in clear and concise words.

I would be very interested in being in touch and perhaps working in some way together to get your knowledge out to the community. Even if you prefer to stay anonymous, I would love to collaborate with you on an article about your ideas.

If you are up for it, please contact me at lipnera@gmail.com. Thanks.

[jewishwhistleblower]

>Have you ever seen a man falsely
>accused of child abuse after getting
>life in prison cry on your shoulder
>and have his relatives collapse in
>your office?

No and frankly I doubt you have either.

I certainly can't think of one such case in the frum community that a child molester received a life sentence. And of the proven few false cases I'm aware of (there are very few, only the ones related to payoffs to Judge Garson in NY come to mind) after researching several hundred, to the best of my knowledge those falsely accused never spent a day in jail.

On the other hand, I am not aware of one unrepentant pedophile in prison who was convicted after a fair trial (and presumambly in your alleged case were you provided a vigorous defense at trial) who does not claim he was falsely accused.

And what does this have to do with a discussion of mandated reporting?

[JRKmommy]

Mordecai:

In my work as a family and child protection lawyer, I've represented both a child protection agency and parents, and dealt with both genuine cases of abuse and false allegations.

In my professional experience, the best way to determine the truth is to have prompt reporting without any delay whatsoever, and to have the children properly interviewed by professionals without any interference from others as soon as possible.

Problems occur when this doesn't happen.

If a child makes a disclosure, there needs to be a police officer and social worker there ASAP, in order to determine EXACTLY what was said, in what context it was said, conduct a proper interview without coaching, arrange for a medical examination if warranted, and provide support for the child.

We get into problems when the children are clearly being coached or constantly asked leading questions by a parent (for example, being asked if a step-father is molesting them if they are ever reluctant to go home after a fun access visit, or being nagged by a drunken mother to implicate a father), because it becomes harder to determine whether a child is making a disclosure or just repeating the words.

We get problems when disclosures are delayed, and only made when a couple divorces.

We get problems when nobody acts quickly enough to prevent the accused abuser from getting to the child and coercing their silence.

We get problems when bad judges make decisions based upon flimsy or non-existent evidence, instead of insisting on a prompt investigation and hearing the worker's evidence directly. I had one case where loving grandparents were denied access to grandchildren because the son's ex-wife made allegations that boiled down to "grampa creeps me out because he told a couple of dirty jokes", and the judge couldn't be bothered to fully read the papers and deal with the case. On the other hand, I've had cases with different judges who responded quickly and forcefully by ordering investigations ASAP and bringing everyone back to court including the investigator so that a proper court order could be made. In one of my cases, the judge closed the court and let a child's advocate meet with my client's child for 20 min., then heard her report about his statements of abuse and neglect. (It was the only case where I ever had a child attend court - the judge screamed at me at first but still gave me the emergency order preventing the return of the child to his mentally ill mother who was basically starving him.) By contrast, in another case, the investigator reported that the father was overheard coaching the children to disclose abuse, and it was clear that the allegations had no basis.

[jewishwhistleblower]

>While we should all do what we can
>about molestation, this has become a
>frenzied witch hunt, with people who
>harbor agendas fueling the fire.

Really?

A witch hunt?

How come there are several dozen frum Jews that are or have faced criminal abuse charges in Brooklyn over the past 2 years? Why have most of them been convicted? Why has not one survivor of abuse who has gone to the authorities with allegations in the above cases been charged with any crime? Not one. Why has not one advocate for the survivors in the above cases been charged with any crime? Has there been one defamation/libel award against any such survivor/advocate?

Why are there several ongoing investigations in Australia? And now an arrest and an extradition of a Rabbi shortly (after he finishes his sentence in the US) from the US who will face similar charges.

It seems to most rational people that pedophiles are real. NAMBLA's existence certainly seems to contradict any contrary assertion. Do you have any real information to the contrary?

Can you point to or document anyone in the Orthodox/religious/Haredi community outside the Judge Garson case that was charged and convicted for making false allegations of abuse? How about in other denominations of Judaism?

If you can't then the only "witch hunt" being conducted is one against anyone who makes an allegation of abuse in our community and anyone who dares provide the support our community leaders and institutions have failed to.

How many molesters have to be exposed before you acknowledge this is not a "witch hunt" but an actual problem in our community?

Attack the messenger, the message remains. We like every other community and religion in the world have abuse in our community that needs to be exposed and dealt with by the proper authorities, the police, child protection agencies and the criminal justice system.

[mordecai]

Posted by: JRKmommy | September 07, 2011 at 02:31 PM

Thank you for your thoughtful comments. You and I have much in common in that I have defended many alleged child molesters and many were quite guilty. I also worked defending parents accused of abuse, abandonment and neglect in the civil sphere.

I very much appreciate the fact that you acknowledge false accusations. I have dealt with attorneys from the Department of Children and Families who strongly suspected false allegations but moved forward anyway in dependency proceedings because that was what was expected of them politically.

Doing the actual work is akin to working on the sausage factory assembly line. We see how the sausages are made. The experience is akin to reading Upton Sinclair's novel the Jungle or walking through a Rubashkin slaughterhouse.

It is for this reason that I shake my head in frustration when I hear all the self-appointed experts make comments based upon watching Oprah Winfrey or citing the latest "study." Or by making statements that they perceive as "make-me-feel-good" statements.

I was very happy to read your post.

[mordecai J.D.]

Once a victim of sexual abuse or any survivor of trauma is made to feel safe and supported, the screams usually are no longer kept silent. I hear loud and agonizing cries of pain and anguish.

Posted by: Asher Lipner, Ph.D. | September 07, 2011 at 11:50 AM

ASHER LIPNER Ph.D

You said in a posted You Tube discussion that we must listen for the "silent scream."

This is of great concern to me because there appears to be few safeguards to prevent over solicitous or officious intermeddlers from filling in the blanks. You used the terms "silent scream." You are now speaking about loud cries of anguish.

[Shmarya]

This is of great concern to me because there appears to be few safeguards to prevent over solicitous or officious intermeddlers from filling in the blanks. You used the terms "silent scream." You are now speaking about loud cries of anguish.

Posted by: mordecai J.D. | September 07, 2011 at 06:15 PM

Yes, Mordechai, it appears that way to you because your clients – who most often are guilty of child sex abuse – end up in jail and you lose.

But to other people who know the system, who understand how difficult it is get even known pedophiles convicted – those people, Mordechai, know that there are safeguards and that those safeguards often work to protect actual child molesters.

All the peer reviewed research is against you, Mordechai.

But you won't care about that because you "know" your clients are innocent even though they have been proven guilty in court.

You "know" your clients are being mistreated, even when child protective services removes the children from your clients' custody to protect them – either from your client who is already proven guilty or your client who has enough evidence against him for child welfare to be forced to act to protect the kids until the case is litigated.

But you, Mordechi, you just "know" – even though you are not trained to do forensic child abuse allegations, even though you are not trained to evaluate the facts, even though you know almost nothing.

There's a lot you "know" Mordechai, and very little of it is factual or true.

None of this is to say that mistakes don't happen in both directions – they do, and we sometimes get to read about them in the newspapers and in books and see them on the TV news.

But these are EXCEPTIONS, Mordechai – not the rule.

And like in pretty much everything else you've written lately, you can't tell the difference between the two, just as you cannot tell the difference between anecdotal evidence, and just like you cannot separate your own emotions from the judgements you make – which causes so much of what you write factually incorrect.

[mordecai J.D.]

In my experience, most of the readers here are open minded and would be interested in hearing the details of your story and what your thoughts, feelings and concerns are, and you might get some positive feedback
ASHER LIPNER Ph.D.

Take a look at the following posting:
Video: Coddling Haredi Violence And Lawbreaking

You will see many posters wanting to "beat the hell" out of the "insane" peaceful protesters.

Is this the kind of open-mindedness you are referring to?

[Shmarya]

Take a look at the following posting:
Video: Coddling Haredi Violence And Lawbreaking

You will see many posters wanting to "beat the hell" out of the "insane" peaceful protesters.

Is this the kind of open-mindedness you are referring to?

Posted by: mordecai J.D. | September 07, 2011 at 06:47 PM

Please.

These men stoned a child, assaulted other children and have a documented history of violence.

But Mordechai doesn't care about that.

In the sick, twisted mind of Mordechai the defense attorney, these men are innocents.

You're a sick man, Mordechai, and you're far too stubborn to get yourself the help you need.

[seymour]

mordecai J.D.

are you asking or waiting till we have a 100% fail safe system in before one can take an accused molester to trail?

if that is so you are advocating never ever to bring any accused molester to trail

or any other accused criminal to trail

what you want would mean we need to empty all prison

nothing in live is 100% we try to get close and people are trying but 100% we will never achieve

[mordecai]

Shmarya:

I am afraid you are sounding quite imbalanced once again. Moreover you clearly need a lesson in civics.

It is not about "winning" or "losing" at any price. As attorneys we are tasked with a zealous defense. It is not my job as a defense attorney to determine guilt or innocence. It is the job of a jury.

This does not mean that during the course of representation I do not formulate a personal opinion as to my clients malfeasance. I bifurcate my personal feelings from my professional task. I hope you can understand this subtle concept.

At times it is psychically difficult to defend
some clients. Most attorneys have this experience. Even John Adams defended British soldiers in the Boston massacre despite the fact that his personal feelings were antithetical to the British. John Adams is to be praised for such a sterling character.

In fact, despite my Herculean efforts I hear the jury say "guilty." I cannot say in truth that the client does not deserve to be punished or does not deserve to go to jail. I do my best to hear a "not guilty."

Then too there are clients who were overcharged. They may be guilty of something but not what they are charged with. This is not uncommon. And yes Sir!!! There are clients who I really do believe in. And certainly the advent of DNA has proven that there are many innocent souls who were found guilty. Perhaps you have heard of the "innocence project."

Calm down Shmarya! Your anger is showing and it is quite ugly.

[mordecai]

All the peer reviewed research is against you, Mordechai.
POSTED BY SHMARYA
============

I never alleged that most molesters are innocent nor did I allege that most children lie. This is an assumption you made based upon your blind rage and anger.

[mordecai]

But you won't care about that because you "know" your clients are innocent even though they have been proven guilty in court.
POSTED BY SHMARYA
===========

Untrue. I know or suspect that many of my clients committed some act though not necessarily the one for which they are charged. I do my very best to represent them. I feel no sense of personal failure should I lose. It is like a doctor who has a patient with terminal cancer. Sometimes the evidence is so overwhelming that we cannot do much to help.

Stop the hatred Shmarya.

[mordecai]

But to other people who know the system, who understand how difficult it is get even known pedophiles convicted – those people, Mordechai, know that there are safeguards and that those safeguards often work to protect actual child molesters.

POSTED BY SHMARYA
=============

The sad fact is there are many fewer safeguards than you might imagine. You do not work in this system Shmarya but seem to be presenting yourself as an expert.

It almost sounds like you suffer from delusions of grandeur.

[Asher Lipner, Ph.D.]

Mordecai,

As I said, it takes victims of abuse who are traumatized a lot of safety and trust and support to tell their stories. We have to hear the silent screams to know that there are people suffering out there.

There is now mounds of research in peer reviewed journals that estimates the prevalence of child sexual abuse to be tat one in four girls and one in six boys experience some kind of unwanted and abusive sexual experience before the age of 18. The vast majority is never reported to authorities as all sexual assault, both child and adult are documented to be the least frequently reported crimes. It takes on average seven years for a traumatized child to tell any adult.

My metaphor of a silent scream was meant on a communal level. We have to know that there are people suffering, we have to reach out to them and we have to make them feel safe to tell us of their pain.

We do not need to breed mistrust in the criminal justice and child protection system so that victims will continue to feel scared that they won't be believed. While no system is perfect as others have mentioned already, in the United States of America, an accused gets his day in court, and accusers are given theirs as well.

Nowhere have I or anybody else on this threat advocated for putting words in a child's mouth, or creating lynch mobs to hang those suspected of harming children without due process.

Why is it that the issue of false accusations and false charges only comes up in two areas: The death penalty and child sexual abuse? With the death penalty the reason given is that the punishment is extreme and irreversible in case new evidence were to come to light such as DNA.
With child sexual abuse, I have neither seen nor heard of any research that shows a higher rate of false convictions then with other crimes. Yet people seem to almost want society to stop prosecuting these crimes because of the few cases of false conviction. Why? Because from time immemorial, society does not want to know that this particular crime even exists. Therefore, the disproportionate concern with problems in the justice system is used as an excuse to cover up.

The most recent example of this is the Agudas Yisroel disingenuously instructing both parents as well as mandated reporters NOT to report suspicions of crimes to the police but rather to ask a rabbi who has no training in forensic evaluations to decide which allegations to report and which not to. This is yet another example of an attempt to keep the problem of the epidemic of molestation in the Orthodox community "under wraps". The proof I have that this is Agudah's real motivation is that even in cases where there the guilt has been well established to the rabbis, they have never once, not one single time ever called the police to press charges.

Mordecai, I understand that being a criminal defense lawyer is stressful and is fraught with emotional as well as ethical challenges. Perhaps you could benefit from volunteering a little of your spare time and your expertise and experience to helping stop abuse, which I am sure you agree is at least as noble a pursuit as protecting people accused of crimes.

[Shmarya]

With child sexual abuse, I have neither seen nor heard of any research that shows a higher rate of false convictions then with other crimes.

Asher –

All the studies I've seen have rates of false allegations of child sex abuse at about 3% in non-custody cases and higher (but still far less than father's rights activists and Agudahniks might claim).

[Shmarya]

The sad fact is there are many fewer safeguards than you might imagine. You do not work in this system Shmarya but seem to be presenting yourself as an expert.

It almost sounds like you suffer from delusions of grandeur.

Posted by: mordecai | September 07, 2011 at 09:46 PM

No, Mordechai.

I'm just aware of the details of many cases long before they become public.

I know what the cops need to make an arrest and what the DA needs to make a case – and how difficult it is even in cases of known child molesters to cross these thresholds.

I knew of child molesters who were also known to police and the DA who walked free, unprosecuted, when we all – including the DA and police – knew the guy was guilty beyond any doubt.

On top of that, accusations of child sex abuse are vetted by police.

Except in rare cases or in cases where the alleged pedophile is someone the cops knew about already but could not arrest because of those pesky safeguards you attempt to minimize and wish away, arrests are not made immediately.

That's because the complaining witness(es) is almost always a little child.

If an 18-year-old walked into a police station bleeding from wounds consistent with assault and battery and told cops, "Mordechai jumped me in the alley and beat me up," chances are high you would be arrested immediately.

However, if the victim is 8-years-old, not 18, and he isn't bleeding and he has no visible DNA evidence on his body or clothing to support his claim, it is unlikely you will be arrested immediately.

Instead, a forensic child sex abuse investigation will be done.

If that investigation supports the child's story, it will be turned over to the DA.

The first case, the 18-year-old jumped in an alley and battered by Mordechai, will almost certainly be tried by the DA.

In the case of the child, however, prosecution is much less certain, even when the DA knows the child is telling the truth.

But Mordechai the attorney doesn't care about all this, because Mordechai the attorney "knows" that he has had clients who were wrongfully convicted of child molestation.

Mordechai "knows" this the way Mordechai "knows" so much else – meaning he PRESUMES it.

And then he projects that assumption to make it apply to many other cases, cases he did work on and cases he did not, cases where he has knowledge and cases where he does not.

When confronted with actual peer reviewed studies that refute his presumption, Mordechai attacks the academics who, after all, know "nothing" about what happens in these cases in real life – something Mordechai presumes he knows a lot about, and upon which his refuted presumption is based.

Mordechai dislikes authority very much, and he also dislikes precision.

He dislikes people who evaluate evidence rather than reacting emotionally.

And when the evidence is against Mordechai, well, Mordechai "knows" that evidence is wrong.

Mordechai thinks the world is tilted against the little guy – especially because he is one himself and he "knows" it's the truth.

So when evidence against one of his little guy clients turns up, Mordechai "knows" the fix is in.

You see, the world has not been very nice to Mordechai – and I agree that is the case – and he's sure the world is being equally unjust to his clients and all the other little guys he knows and may even like.

Because that's what it all boils down to.

The world is unjust.

It is unequally and unjustly divided between the little guys on one hand and the power-holders on the other.

The system is most always fixed to benefit the power-holders and hurt the little guys.

Science, fact-based study and similar research is often carried out by little guys who are naive fellow travelers of the power-holders or who have been corrupted by them.

It's us little guys against the power-holders and if you can't see that, well, there's something wrong with you.

That's what Mordechai is.

That's what makes him tick.

And there aren't enough peer-reviewed studies and facts and evidence in the world to change his mind, because Mordechai "knows" he is right.

Because the world is unjust and Mordechai knows the fix is in.

[JRKmommy]

Mordecai:

I'm not sure what common ground we have.

My position is quite simple. The Orthodox position that one should go to a rabbi first rather than immediately reporting abuse to authorities is bad for children, and it is also bad for those accused of abuse because it compromises the evidence.

What is your position on reporting, and why?

[Shmarya]

What is your position on reporting, and why?

Posted by: JRKmommy | September 08, 2011 at 01:08 AM

Mordechai's position is that police, prosecution and the courts often run roughshod over the rights of innocent people who have been accused of child sex abuse.

Mordechai would prefer someone with "real" knowledge of how that works – like himself – evaluate a case along with or before police do.

He hasn't quite worked out all the details of how that would work, and if you think about it for a minute, you'll see some of it has to be inherently contradictory.

But that's okay, because Mordechai "knows" the truth, and everything will work out in the end.

[mordecai]

What is your position on reporting, and why?

Posted by: JRKmommy | September 08, 2011 at 01:08 AM

Thank you for asking my position. I note that Sharmaya wants to assume what my position is in his somewhat absurd characterizations.

Sexual child abuse is a horrific crime. It harms children fundamentally and many suffer throughout their lives. Their families suffer too.

Child abuse needs to be reported. Your observations earlier about the evidentiary necessity of reporting early is well-taken. Early reporting leads to the gathering of needed evidence. The child is sent to the rape treatment facility where a forensic exam is done. Many times there is not evidence of abuse which does not necessarily mean abuse did not occur.

This is a subject, as you can see, that generates the wildest set of angers and hostilities. Those who gain their knowledge from theory and do not observe the actual practice tend to assume that police investigations are always thorough and everything fits well to support "peer review: studies.

Practice is often quite different from theory.

[mordecai]

Shmarya:

I am sorry you have such anger and intolerance to others. Thank you for the free psychoanalysis. Try one on yourself.

[JRKmommy]

So, do you agree that reporting must be done without any delay or interference?

Do you agree that a blanket requirement for ALL reports to require rabbinic approval is wrong?

Do you support a position that instead works with child protection officials to conduct public education to make it clear just what needs to be reported instead?

[mordecai]

So, do you agree that reporting must be done without any delay or interference?

Do you agree that a blanket requirement for ALL reports to require rabbinic approval is wrong?

Do you support a position that instead works with child protection officials to conduct public education to make it clear just what needs to be reported instead?

Posted by: JRKmommy | September 08, 2011 at 07:54 AM

As to your first question: Yes (in almost all situations)

As to your second question: YES

I do not understand the third question.

[Shmarya]

Those who gain their knowledge from theory and do not observe the actual practice tend to assume that police investigations are always thorough and everything fits well to support "peer review: studies.

Practice is often quite different from theory.

Posted by: mordecai | September 08, 2011 at 05:46 AM

Mordechai,

First of all, the academics who do the research that proves you wrong actually do have a lot a lot of field experience – in many cases, a lot more than you.

And they are also far more honest than you are.

Past that, peer reviewed studies factor in things like police incompetence or prosecutor malevolence.

Past all this, Mordechai, judging from your comments here of late, I think my assessment of you is spot on.

In fact, I'll bet you were even forced to get some counseling, and you rejected your evaluation.

JRKmommy, here's what Mordechai wants.

All suspected child sex abuse should be reported to police immediately – unless Mordechai has a gut feeling the alleged abuser is innocent, or unless he is Mordechai's client.

And in any case, he rejects the guilt of most abusers when the proof of guilt does not include DNA evidence.

Of course, anyone familiar with child sex abuse cases knows that the vast majority of cases have no DNA evidence, so what Mordechai really wants is to set free many convicted child sex abusers and let many more escape punishment.

There may be a few cases lacking DNA evidence – cases that have an adult eyewitness or videotape evidence, for example – where Mordechai would agree the pedophile is guilty.

But most of the time, the vast majority of the time, Mordechai believes they are innocent.

Mordechai is sure many of these pedophiles have been railroaded.

And because Mordechai just loves circular reasoning, he just knows they've been railroaded because, well, he just knows it.

[mordecai]

Posted by: Shmarya | September 08, 2011 at 08:56 PM
===============
Shmarya writes: And in any case, he rejects the guilt of most abusers when the proof of guilt does not include DNA evidence.
==============

The lack of DNA does not mean that the accused is innocent. Although based upon the specific case (if the child says there was semen) and no evidence of semen was found there is an exculpatory component if the child is immediately brought to a rape treatment center. Sometimes the child says that the accused sucked her breast. Again DNA is sometimes found and sometimes not.

But because there is not DNA does not mean that there are not other forms of evidence. Some evidence tends to exculpate and some to inculpate. That is for the jury to decide commensurate with the jury instructions for reasonable doubt.

Many of your allegations are from positions that I never took or stated. But this is your technique.

=============
SHMARYA writes: Mordechai is sure many of these pedophiles have been railroaded.
============

I believe that some (observe that the word used here is "some")have been falsely accused and some falsely convicted. False conviction also means that an individual did some criminal act but not necessarily the more serious act for which he was charged.

This does not mean I think they have been "railroaded" which suggests a conspiracy. Every prosecutorial actor, judge or jury member might be operating from the best of motives but mistakes are made. There are mistakes in law, mistakes in jury instructions, mistakes in evidence, etc.

The McMarin School case was a harrowing example of false allegations. You may recall it. In the end nobody was convicted. The accused (members of the McMartin family) were charged with horrible acts of abuse. There were six years of criminal trials. Six years of hell.

Allegations were extremely bizarre and the interviewing techniques of the children were highly suggestive. The trials lasted 7 years and cost $15 million. It was estimated at the time that it was the longest and most expensive criminal trial in the history of the United States.

By spring of 1984, it was claimed that 360 children had been abused. Astrid Heppenstall Heger performed medical examinations and took photos of what she believed to be minute scarring, which she stated was caused by anal penetration. (Oh!! Here is your scientific evidence that you hold in such high esteem)

In 2005 one of the children (now an adult) retracted the allegations of abuse.

Never did anyone do anything to me, and I never saw them doing anything. I said a lot of things that didn't happen. I lied. ... Anytime I would give them an answer that they didn't like, they would ask again and encourage me to give them the answer they were looking for. ... I felt uncomfortable and a little ashamed that I was being dishonest. But at the same time, being the type of person I was, whatever my parents wanted me to do, I would do.

I believe we have learned much from the McMartin experience and other experiences of a similar genre. Techniques have improved, prosecutors are more savvy.

Shmarya, your view of this subject is Panglossian and naieve. Your tolerance of anybody with an opinion differing from your own is non-existent.

Thus your personal innuendo speaks poorly for you and reflects an underlying emotional disturbance. I do not say this in any attempt to insult you.

[Asher Lipner, Ph.D.]

I just re-read the comment section after the guest post I wrote.

Sadly, Mordechai did exactly what I was complaining about. He "railroaded" the discussion away from the tragedy of the little boy I discussed, and turned it into
a discussion of the dangers of false allegations, which had zero to do with point of my post: a case of true allegations that were silenced.

That people do not want to allow an honest discussion of the cover ups of abuse in our community is merely one more manifestation of cover up.

Thank you, Shmarya for exposing the cover ups and giving a voice to those who are being silences