There is no heter (permission) for molesting in Jewish law. But many rabbis and askanim (community activists) in the orthodox world have creatively reinterpreted Jewish law and values to protect the molesters in their midst who keep on assaulting children. The shulchan aruch (Jewish code of law) clearly supports using civil authorities to control people who harm the public and cannot be stopped. Poskim (Jewish law authorities) have made it clear that this permission applies to child abusers. This position has been enunciated by poskim spanning the entire orthodox spectrum from the eidah charedis to the Yeshivish world to the modern orthodox.
Nevertheless, there is another view that no Jew should ever be in jail, period! The smartest of these protectors of rapists know that their position contradicts Jewish law and human decency so they contrive all sorts of ways to deny their evil attitudes. They insist the evidence is not good enough. They slander those who accuse the assailants. They threaten the victims and their families. They offer bribes.
Then there comes the moment when they know that the cat is out of the bag and everyone knows about the reputation of the assailant. They promise to get him into therapy and to keep an eye out on the miscreant. These are usually lies. First of all, therapy alone is not all that effective in stopping molesting. Second of all, they usually don’t even bother to be sure that the offenders stays in therapy. Third of all, therapy is only for a few hours a week. In-between sessions, the offender roams and usually re-offends. If they were really telling the truth about “keeping an eye on him” they would hire a mashgiach temidi (full time supervisor/shadow). But they don’t. It would cost a fortune to do this which they don’t feel like spending. But they will readily offer even larger bribes to victims who agree to drop their charges.
When all else fails and a victim bravely persists they turn to their shabbos goyim the prosecutors and judges who court the Haredi vote. In Monsey, they have the very reliable Rockland County District Attorney Thomas Zugibe. According to the Journal News:
Herschel Taubenfeld, 33, once a teacher in the New Square Hasidic community, admitted forcible touching a young boy during 2011. The admission came in exchange for six years’ probation on a misdemeanor charge handled in New Square Justice Court. (See also this account of Zugibe’s handling of the case).
Another Monsey Hasid, 60-year-old Moishe Turner, pleaded guilty to a D felony charge of sodomy with a boy under 15, and was placed on the sex offender registry. But Zugibe, together with the judge arranged for no jail time, just 10 years probation. He violated his probation by not reporting his new vehicle. He is up for sentencing for his probation violation. The judge could send him to jail. The DA could push for that. But many askanim and rabbis are working overtime to prevent this.
Rabbi Nosson Leiter and and Rabbi Yakov Horowitz are calling on people to write the judge and the DA to not allow that.
Sentencing happens Tuesday, January 7th. I urge all my readers to write to DA Zugibe urging him to fulfill his sworn obligation to protect the public by getting Turner behind bars, the way he should have been, all along. Respectfully make your case. If you are a potential voter as a Rockland County resident, it would be a good idea to include that in your email addressed to District Attorney Thomas Zugibe, firstname.lastname@example.org.
I also urge you to write a hard copy letter to the Honorable Judge William A. Kelly re. Sentencing of Moishe Turner. Since there is no email delivery option and we are up against a deadline, Rabbi Horowitz has committed to physically delivering to the courthouse, letters sent to him at email@example.com before Monday noontime. Include your name and address in the body of the letter or explain why you are not including it because of fear of retaliation.
There is no heter for molesting, but unless the community rises up and expresses its concern for its children, children will continue to be raped and sodomized, thanks to criminal rabbis and their political and judicial shabbos goyim.