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Nicole Neroulias

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Blind Faith and Child Sexual Abuse: Is Any Group Getting This Right?

Posted: 07/27/11 10:23 AM ET

The Catholic Church isn't the only denomination that has struggled with the concept of reporting accusations of child sexual abuse to the police, rather than trying to handle as much as possible internally in deference to ancient religious laws and the avoidance of scandal. Hasn't every religious group -- or secular organization that oversees children -- sinned at some level?

But just in case we needed a reminder, with a new press release from Agudath Israel of America, ultra-Orthodox Judaism seems to be jockeying for a close second in the "Seriously?! What about the children?!" department. The key excerpts:

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...

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)." ...

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.

Two obvious areas of concern, though others have also been noted on the FailedMessiah blog:

1. Who/what determines if an accusation is "reason to believe" vs. "mere conjecture?" (Keep in mind that under some interpretations of Jewish law, a 12-year-old victim can be considered an adult, two witnesses must confirm the crime and women may not count -- standards incompatible with modern-day criminal justice.)

2) In what way is a rabbi trained to investigate an abuse claim that falls under the "mere conjecture" category? Who are these rabbis who are experts in this area?

Sigh. Sounds familiar? Can we not agree that clergy are not CSI experts, and that suspected crimes should be reported promptly to the police for a proper investigation? Religious courts can conduct parallel investigations to handle issues like defrocking and spiritual counseling, but after all that's come to light in the past decade, it's shocking that there's still an argument being made among traditional Jews, Catholics and others that father/rabbi knows best.

This article first ran at Beliefnet's Belief Beat blog.

 

Follow Nicole Neroulias on Twitter: www.twitter.com/BeliefBeat

 
 
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01:11 AM on 08/02/2011
The Catholic church is by far the worst. They have the largest percentage of pedophiles, although their leaders and congregation will lie and say otherwise. They are the only church with a huge, organized cover up.

The Catholic church is the world's largest pedophile protection program, and they are a reprehensible church which has destroyed a great religion.
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rtgmath
There has got to be a better way!
11:34 PM on 07/29/2011
This is a severe problem. I note that the problem seems worst in the Catholic Church. I had not heard about it in Judaism, but this kind of response that recommends not reporting an incident for any reason is ridiculous, and only serves to indicate that predators are being protected.

At the Episcopal Church, such charges are taken seriously. I am not aware of any instance where a sexual predator has been harbored, or where the Church has failed to take such charges to the police. Priests or other clergy found doing these things are not moved to other places to serve. Again, this is according to what I have been able to find online. Every accusation of sexual misconduct appears to be followed by the resignation of the minister and action by the authorities.

I also not a very high rate of child sexual abuse among Baptist pastors. Perhaps because the Baptist churches are more independent and do not have such a firm denominational hierarchy, the problem among the Baptist churches is overlooked and not viewed as a systemic issue.

In any case, all denominations and individual churches should produce clear statements regarding what will happen on presentation of an accusation of sexual abuse. It should be written into the constitution of each church.
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Toutlaguerre
eyes tell the story
11:50 PM on 07/28/2011
I think that there may be a dual solution. a) The church should form a judicial system where the evidence is examined, the person should be counseled scripturally . b) It should be reported to the police for secular investigation. Christians should not shirk the laws to avoid public scrutiny. This may perhaps help to dissuade would be children abusers. From the time I knew of Catholicism it has been accused of sexual misdemeanors. It's time to open a prison for these priests in Vatican city. It's time to open a clinic for the victims so that they can be treated for the psychological, emotional and perhaps physical damage these young innocent victims have to endure. We're running out of time and patience.
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Nicole Neroulias
is tweeting: @BeliefBeat
12:49 PM on 07/28/2011
I'd be interested to hear which religious groups you think ARE getting this right -- at least now, if not in the past. For example, I received an email in response to my original blog post from a Jewish reader, pointing out that the Rabbinical Council of America (representing Orthodox rabbis, not to be confused with Agudath Israel of America's ultra-Orthodox constituency) has reaffirmed its mandatory reporting policy.

Thoughts? Anyone else?
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LintLass
"When you can balance a tackhammer on your head...
08:50 AM on 07/31/2011
I think the Pagan community in general does very well with this sort of thing, actually.

Different religions have different challenges: one thing I know is that it certainly helps not to raise kids with some notions of shame, stigma, silence, and submission about sex and authority. Those shadows are the abuser's ally, not the victims'.

Teaching kids to have good boundaries and be strong in themselves, as well as trusting the adults around if they should need help or feel sketched-out goes a long way. They're their own first line of defense. Not teaching that sex is a 'taboo' or 'dirty' or 'sinful' subject helps a lot, that way, also having strong community values against *any* kind of abuse, including physical, emotional, and spiritual also helps. I think that when some churches treat sexual abuse as primarily a 'sexual sin' rather than *abuse* it ends up burdening the victims with the whole 'sin' thing, especially if it's claimed that authorities have a perfect right to abuse in other ways.

(Have to split this one up for space reasons)
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LintLass
"When you can balance a tackhammer on your head...
08:54 AM on 07/31/2011
In the Pagan community, there's very little of hierarchy or authority or 'power over' for a predator to use: and predation of this sort is all *about* that kind of power and control. Those we consider elders get such status only by merit and reputation, and the authority they have over others is pretty limited compared to more hierarchical traditions. And it's just harder for any would-be-wolf in the fold when the people aren't *sheep.* It's a lot easier to fool a crowd of people who are all sitting in rows trying to be the same, than a diverse bunch of points of view in a circle, so to speak.

There's areas we need to watch, as a scattered, oft-defamed minority, (It doesn't help that the media likes to sensationalize any story about criminals who have so much as a Tarot deck, even if their idea of Pagan religion is some garbled, self-serving scheme that'd be like someone claiming Christianity meant sacrificing turkeys on Easter or something) but all the major organizations have signed onto a strong policy of reporting to the authorities: compared to what our self-policing could be like, that's a piece of mercy.
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FeralForever
I'm watching you...so play nice
09:47 AM on 07/31/2011
What interesting posts you make, LintLass. I always enjoy them. I am a proud atheist, yet I consider the world my 'church'. I am interested in Paganism only because of the reverence for Nature that seems to be attached to it. I know very little about it. Do you have groups of people in which you gather? I wish they had them here in the Northeast of the U.S. We have churches on almost every corner of a square mile, but sadly, no such Pagan institutions.
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09:04 PM on 07/27/2011
Once you agree that secular society's insistence on a fair and just application of the laws of society and the laws of science should be "the yardstick" you've effectively cut organized religion (and it's reliance on faith and superstition) right out of the picture. Organized religion would crumble even faster than it is crumbling at this moment.
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ProofRequired
Taking back the human race, one believer at a time
02:27 PM on 07/27/2011
Another clear example of religion being a form of child abuse in the first place, starting with the mental torture of threatening hell for disobeying its laws, complete with horrifying images and stories. If a child is taught something weekly for his entire youth, he will believe it, right down to the most ridiculous things in the world.
06:41 PM on 07/27/2011
What is truth? Who gets to define child abuse? Catholics believe God reveals truth through his church. How do you define it?
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09:06 PM on 07/27/2011
Thanks for playing. Feel free to rejoin the debate after you earn that G.E.D.
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ProofRequired
Taking back the human race, one believer at a time
09:46 PM on 07/27/2011
Truth is just what you can prove or at least what you can provide a preponderance of evidence for. Human beings have to define child abuse, because we are all there is. Scaring children can be a form of child abuse, and images of hell can certainly do the trick. Everything a person can believe about Catholicism or any other religion is not based on truth or evidence by definition. It is only based on faith and faith has many different interpretations, many of which lead to chaos, unhappiness and evil. You might be a peaceful person that derives love and compassion from god and the church, but I would be willing to bet that you would be the same without either one.
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02:15 PM on 07/27/2011
Every child is in danger every day. We are evolved apes after all, and with continuing voracious appetites. To every extent possible the structure of the society should facilitate parental supervision until the individual offspring can defend themselves adequately; with claw or tooth or stone.
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02:30 PM on 07/27/2011
I can't imagine having your view of humanity as some feral animal, slinking in the shadows waiting to strike. Humans can be pretty ugly, but many of those failures are driven by social agendas, and those are easily fixed if we care to try.
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03:15 PM on 07/27/2011
...you just did imagine what you believe to be my view. You may be on my side yet.
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wbthacker
Can YOU pass the Turing Test?
01:54 PM on 07/27/2011
"Hasn't every religious group -- or secular organization that oversees children -- sinned at some level?"

I'm sure they have. But I don't think any of them have done so at a level on par with the Roman Catholic Church. That's probably because only the Catholics have a rigid, obedient hierarchy that extends throughout the globe; nobody else is really capable of operating such a vast criminal conspiracy.
11:34 AM on 07/27/2011
I am still completely amazed that the Catholic Church will excommunicate women who try to become priests, while not a single priest has ever been excommunicated for sexually-abusing a child. Despicable...