Chabad Hasid Gets Suspended Sentence For Child Sex Abuse
Magistrate Williams said he needed to apply the law as it was at the time of the offense but said if it had occurred today he "would have had no hesitation in sending [Daniel "Gug" Hayman] to jail."
Daniel "Gug" Hayman
Daniel "Gug" Hayman, a former director of Chabad in Sydney, Australia sexually abused a boy at a Chabad camp in the late 1980s. Hayman went on to fail to comply with his voluntary sex offender counseling in Los Angeles and lived openly there under the partial protection of Debbie Fox, a social worker who at one time was mistakenly believed to be a strong advocate for haredi and Orthodox abuse victims.
Hayman was finally arrested in Australia on the old abuse charge and pleaded guilty.
What did Hayman plead guilty to?
According to the Sydney Morning Herald, Hayman sat in court today and "did not stop reading from the Book of Pslams as he was given the sentence for touching and holding a 14-year-old boy's penis during a camp at Stanwell Tops in the 1980s."
The judge in Hayman's case had previousy dropped a different case against Hayman and forbid the prosecution from recharging it. Why? Because he found the prosecution had undercharged the case. So sorry, Magistrate Williams said, it's just a paradox in the law and all that.
In this case, Magistrate Williams felt it necessary to mention in Hayman's favor that Hayman's strict religious upbringing inside Chabad had probably skewed his understanding of appropriate sexual behavior. Hayman was 24 and married when he sexually assaulted the boy.
But in the mess that is Australia's legal system, being found guilty of sexually abusing a child in your care does not mean you serve even one day in prison.
Australia's ABC News reports:
A Jewish youth camp volunteer has been handed a suspended sentence for indecently assaulting a boy in the 1980s.
Daniel Robert Hayman read the Book of Psalms and fidgeted in his chair as the magistrate told the court the indecent assault of the 14 year old was "not an isolated aberration at the time".
Hayman was 24 and recently married when he led his victim into an isolated area and assaulted him at Camp Gan Israel at Stanwell Tops, south of Sydney, in the 1980s.
Magistrate David Williams told the court the victim kept Hayman's secret for many years because he felt "the offender was popular and he was a nobody".
Hayman has been given a 19-month suspended sentence.
Magistrate Williams said he needed to apply the law as it was at the time of the offence but said if it had occurred today he "would have had no hesitation in sending him to jail".
The idea that sexually assaulting a child would have resulted in suspended sentence in the late 80s, if true, is another indication of why so many victims did not come forward then.
It is also more proof that Australia has one of the worst justice systems in the Western world. (And if you don't believe me, see what happened to another child sex abuse charge against Hayman, and ask yourself if you would want your children to live in country with laws like this.)
At any rate, here's a statement from Tzedek, the Australian anti-child-sex-abuse organization, about today's sentencing:
Tzedek, which is dedicated to addressing the issue of child sexual abuse within the Jewish community, notes the sentencing of former Sydney Yeshiva Centre director and volunteer, Daniel “Gug” Hayman, which took place today at the Sydney Downing Centre Local Courts. Mr. Hayman was handed a 19-month suspended sentence for the indecent assault of a then 14-year-old boy at the Yeshiva Camp Gan Israel at Stanwell Tops, Sydney in the 1980s.
Mr Hayman pleaded guilty to the charge during the trial in May.
Tzedek spokesperson, Liat Winer, stated:
“Today is another important milestone in the ongoing child sexual abuse scandal within the Australian Jewish community. Today’s sentencing is the first within a Jewish institution outside of Victoria.
We commend the courageous victim in pursuing this matter and acknowledge the courage and pain of the two other complainants.
We understand the many challenges that exist in the context of historic cases of child sexual abuse – for victims and their families, law enforcement agencies, the judiciary and other relevant stakeholders. But importantly, today’s sentencing sends out a clear message that offenders will be pursued irrespective of when the crime took place.
What we cannot understand is the ongoing intimidation and shunning of victims and their families by certain segments of our community. In the case of Mr Hayman’s victim, it was made clear in his powerful Victim Impact Statement that members of his ultra-Orthodox community in Melbourne subjected him to precisely this type of abuse. This is unacceptable and must be condemned in the strongest terms possible. Sadly he is not alone in being re-victimised as a victim of child sexual abuse, nor is the Melbourne ultra-Orthodox community the only community to use such tactics.
We encourage anyone with information in relation to this or any other case of child sexual abuse and/or cover-ups to come forward and disclose this information to the authorities and/or the Royal Commission. It is the responsibility of each and every one of us – please don’t turn a blind eye.”
Tzedek continues to call on the Yeshiva Centre to clarify Mr Hayman’s responsibility for children in his various volunteer capacities during his extended time at the Centre and furthermore to clarify who had been made aware of the allegations and what actions were taken by this institution.
For us as a community to move forward, we must demand answers from those who knew or ought to have known what happened. We can’t move forward without acknowledging what happened in the past. The victims and their families need it, and deserve this. Our community needs it, and deserves this. It is a case of short term pain for long term gain. We believe that justice and truth will prevail. In the meantime, we will continue to relentlessly pursue those who are alleged to have sexually abused children and their enablers.
Tzedek is in a position to assist, support and advise victims and survivors of child sexual abuse and their families, just as we continue to do so with many others.
Enough! No more silence.
Related Posts:
Australian Justice Allows Chabad Pedophile To Escape Punishment Because Prosecution Undercharged Him.
Real shame Shmarya that you base your opinion of Austrian law based on the laws of one state...New South Wales....
Thought you were smarter then that mate....
Posted by: Aussie | June 09, 2014 at 10:50 PM
Please.
Your country's libel laws – widely considered to be the most draconian in the Western world – have protected a whole host of criminals for decades.
Australia hands down has the worst justice system in the west.
Posted by: Shmarya | June 09, 2014 at 10:59 PM
At least here in Aus....Guilt is not decided by the size of the wallet the accused has...
Worst in the world??.....Ours is not perfect....not even close...
But I'd say a country like America has a much worse legal system then ours....
Worse only cos it's for a different reason then what you wrong with ours....)))
Posted by: Aussie | June 09, 2014 at 11:29 PM
At least here in Aus....Guilt is not decided by the size of the wallet the accused has...
Worst in the world??.....Ours is not perfect....not even close...
But I'd say a country like America has a much worse legal system then ours....
Worse only cos it's for a different reason then what you wrong with ours....)))
Posted by: Aussie | June 09, 2014 at 11:29 PM
There is a Hebrew saying which says "Ein Din V'Ein Daayan". No Justice No Judge. I find this unbelievable that a paedophile who admitted guilt cannot get jail time.
I might as well tell my sons that they shouldn't worry about being good because if you have money, people respect you! Even if you are a rapist, paedophile, murderer, thief etc.
He paid for a good lawyer and he paid off his other victims.
There is no God or Justice in this world!
Posted by: David Brown | June 10, 2014 at 04:31 AM
"Real shame Shmarya that you base your opinion of Austrian law based on the laws of one state...New South Wales...."
Last I checked, NSW was in Australia, not Austria.
Was ist loss, mate?
Posted by: Yochanan Lavie | June 10, 2014 at 06:55 AM
DavidBrown-at least get the quote right.
It's 'les din vles dayon'
Posted by: Rodin | June 10, 2014 at 08:01 AM
he also lived in north miami beach and left under a cloud
he was asked by members of the chabad shul there to leave
Posted by: getnotvalid | June 10, 2014 at 09:27 AM
Apologies to the Beatles (I am the Walrus):
I am that I am; I’ll what I’ll be, you pray to me
And we are all the Rebbe
See how they run like pigs on a bun [“pigs in a blanket” hors d’oevres]
“Gevalt” they schrei, I'm schnorring
Sitting in a jail cell
Waiting for the judge to come
Brand new white shirt, stupid Scotty blogging:
“Man you've been a naughty boy
You let your schlong grow long”
Refrain:
I am the leg man
They are the leg men
I make you nauseous
“Gug,” “Gug,” the Jew
Mr. jury foreman sitting
Pretty little jurors in a row
See how they decide, like Cossacks on a ride
See how much fun, I'm lying
I'm lying, I'm lying, I'm lying
Yellow muttered curses
Dripping from the dead rabbi
Camper likes a feel up
Pornographic practice
Boy, you've been a naughty churl
You let your campers down
Refrain
Sitting in a prison garden
Waiting for the sun
If the sun don't come you get a tan
From eating extra spicy chrayn
Refrain
Abuse expert choking teardrops,
Don't you think the croaker ain’t dead, too?
(Ha ha ha! He he he! Ha ha ha!)
See how they smile eating pigs on the sly
See how they schrei, I'm sighing
Giving out pamphlets, just outside the Opera House [in Sydney]
Dressed up like a penguin singing ‘bout Moshiach
Man, you should have seen him cursing
Ole Scotty, though
Refrain, etc. to fadeout
Posted by: Yochanan Lavie | June 10, 2014 at 09:35 AM
If that creep had molested my kid, he would be banging on the prison doors to admit him in order to protect him from my wrath. Maybe the law in NSW encourages the "self help" approach to justice?
Posted by: Feminista | June 10, 2014 at 02:04 PM
Some breaking news on the Heyman case....
One of his alleged victims....Who never ever made a complaint to the police....Who was not part of the matters which have just been b4 the courts....Gave a character reference which Heyman may or may not have used at sentencing in court....
Seems money does talk even here in Australia....)))
Posted by: Aussie | June 10, 2014 at 02:35 PM
And a heads up folks....
Keep a close eye on the Australian Jewish News over the next couple of weeks....
The who knew what??...the who lied??....
So many questions that the media are far from done with....
Posted by: Aussie | June 10, 2014 at 02:41 PM
Yeshiva Centre is still sticking with their original version that "Hayman was never a volunteer at our camps etc".
Yeshiva Centre is full of lies! My older sister 24/25 years ago was at a camp in which Hayman and his 1st wife were chaperones. The NSW law on child sex offences is weak!
Posted by: David Brown | June 10, 2014 at 08:49 PM
Why is someone blaming the victims for not coming forward, having been paid off. If they're happy to take the money then that's on them. You cannot blame anyone else for the fact their greed overrides their pursuit of justice.
Posted by: Richler | June 11, 2014 at 01:48 AM
I hope a truck runs him over! He is guilty of a crime but got off on a technicality. I am going to teach my children to not bother with the rituals of frumkeit so much. A guy who prayed tehillim in court with a beard (supposedly frum) is a menuval. If my kids want to be frim then that is their choice as long as they are good people and don't hurt anyone in their spiritual quest.
Posted by: David Brown | June 11, 2014 at 06:09 AM
YL, good job on a hard song.
But don't forget the Act IV, Scene VI of King Lear in the background:
Ravage my body.
And take the charges which you place upon me to the local Crown prosecutor. Seek him out upon the Great Victorian Desert. Oh, untimely dismissal!
I don't believe he's a serviceable villain.
What, is he not guilty? sit you down, rabbi, rest you.
Posted by: Sarek | June 11, 2014 at 10:56 AM
When the Parliamentary Enquiry & the Royal Commission are all done and dusted it will have been a monumental waste of time & money unless:
Funding in all its forms are denied to entities that do not meet defined levels of democracy.
Currently the offences have occurred in or on behalf of institutions that are beneficiaries of a plethora of communal funds.For example:direct state &/or federal funding,tax deductible status for donations received from the public,council rates reductions or waivers on their properties which of course is made up by the other rate payers in that area & so it goes on.
This is a recipe for disaster.
Regrettably I do not see it happening.There is too much at stake here.This would be an assault on the Church & indeed other religious organisation.Democracy is anathema to the clergy who are beneficiaries of all these lovely funds,
Posted by: Bruce J Cooke | June 11, 2014 at 05:45 PM