Justice Delayed - is Still Justice

Whistleblower, Sam Kellner (JTA)

We’ve come a long way since the days of Baruch Lebovits. At least I hope we have, judging by the reduced number of cases of sexual abuse within the Orthodox Jewish community being reported in the media these days.

Not all that long ago, the very idea of reporting sexual abuse by religious Jews was considered morally unjustifiable in some Orthodox communities, regardless of evidence. Evidence that usually consisted of not believing the accounts of survivors. The reasons for this reluctance were rooted in the incredulity that such accusations could be true when leveled against individuals who were prominent, respected, and otherwise religious and contributing members of the community.

Rabbinic leaders from the various communities where these accusations arose were often protective of the accused. They believed the allegations were fabricated by people who had gone OTD (Off The Derech) and harbored a vendetta against their former communities. Seeking revenge by smearing them with false claims.

Resistance to reporting abuse to secular authorities was reinforced by the Jewish law of Mesirah – informing on a fellow Jew to an unjust authority. Added to their consideration was that undeniable fact that - even if an accused offender were eventually cleared, the damage to his reputation - and the serious collateral harm to his family - would be irreversible. Preventing the injustice of a false accusation became their overriding concern.

Given the presumed pristine reputations a religious individual so accused – combined  with their belief that accusers were no longer observant and thereby  no longer felt bound by Halacha to tell the truth, community leaders felt justified in refusing to report any abuse at all.

Over time, however, many in the Orthodox world became convinced that credible reports of abuse must be reported. Even when the accused were prominent and respected community members. They came to recognize that false accusations are rare, that survivors deserve justice, and that the public must be protected from future abuse. While the system is still far from perfect - and while sympathy still persists for abusers who receive harsh sentences - that sympathy is no longer as widespread as it once was. In that sense, progress has been made.

I am far less certain that the Chasidic community has fully embraced this new standard of conduct...

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