Thursday, May 12, 2022

Justice Delayed is Justice Denied

Image for illustration purposes only (USA Today)
This story got to me. It is not an unfamiliar one. It is a story about the sexual molestation of Laurie Wolf, a religious teenage girl - by Leon Herman, a respected religious dermatologist. It is a story of how poorly this incident was handled.

The feeling after I read it was anger. Anger at how a sexual predator who actually admitted his misdeeds was treated with kid gloves. Anger at all the people that disappointed her by lack of any action. Anger at the fact that for decades Herman was allowed to roam free and hurt others. Anger that he is now retired - living in relative comfort in Israel. Anger at his not suffering the consequences of his crime for decades beyond paying a fine ordered by the Beis Din that heard his case. 

It is told in the first person by Lorie Wolf, the survivor who experienced that molestation. Whose ‘feelings of isolation, loneliness and betrayal are deep’ – unlike the feelings of her molester whose life has gone on unburdened by any such mental anguish. Until finally there was a semblance of justice issued by the College of Physicians and Surgeons of Ontario (CPSO) decades later in October of 2020:

(The CPSO) revoked Herman’s medical licence, (and) found that he engaged in “disgraceful, dishonourable or unprofessional” conduct by sexually abusing a patient (me), and ordered him to repay $22,000 in costs to the college. 

It isn’t just about the poor way that Beis Din handled it. It is about how just about her entire community handled it though the 23 years since it happened. Once she summoned the courage to do something about it beyond writing it down in great detail in her personal diary -  her efforts at justice were frustrated. Thwarted one way or another by all involved. 

Here is what happened. At age 17 she was drugged and molested during a appointment with a dermatologist that was so respected by her religious community that her parents told her to call him ‘Rebbe’! At first confiding in her close friends - she was basically told not to waste her time. Her best friend told her own mother who did nothing. 

5 years later after discovering her diary, her parents went to the Toronto Beis Din instead of the police. The Beis Din fined him and told him to go home. End of story.

Years later in 2017 while in therapy and suffering PTSD from that molestation - the  #MeToo movement motivated her to report that doctor to the CPSO and the police. That resulted in more frustration.  The Beis Din no longer had the copious records they once had once kept of her case. People in a position to help her declined – one of whom ‘explained’ that she felt sorry for his kids! 

2 years later despite the dearth of evidence and lack of cooperation - the police felt there was enough evidence to arrest that doctor ‘on two counts of sexual assault and two counts of sexual exploitation of a young person’. The lack of cooperation by witnesses including her own parents - almost torpedoed the trial but eventually she had her day in court. 

After suffering from a humiliating cross examination at trial it was to be continued. But then COVID happened. All court cases were postponed. A backlog ensued. And her case was dropped to ease the overload. 

That’s when Herman fled to Israel. The charges were then dropped since there was little chance of getting him back to Canada. But as noted the CPSO decided to fine him $22,000 and revoke his license. Which as noted finally gave Laurie a semblance of justice.

She concludes by saying that she hoped her story would get other survivors to come forward with their stories and not allow predators like Herman continue their predation and hurting others with impunity.

It’s difficult for me to understand how unsympathetic her community was to what happened to her. How they could simply go on with their lives knowing about the trauma Laurie suffered. From the Beis Din, to her friends, to her own parents – all of whom did little by way of helping her - letting her suffer instead of doing whatever they could to get her the justice she needed and deserved.  

I have no idea whether the Toronto Bies Din has changed their ways. Hopefully they now tell those that approach them to go directly to the police (as does the Chicago Beis Din created for this purpose). I certainly hope they do. I also hope that the public attitude has changed enough so that victims of sexual abuse or molestation and their families no longer fear the stigma of exposure and go to the police.  And listen to he Beis Din when they tell them to do so. 

Sexual predators are not going away. They have been around from the beginning of time and be around till the end of time. That will not change. Sadly, no matter how much protection we provide, there will always be some that will somehow slip through the cracks and be hurt by a sexual predator.

What must change is finding better ways of prevention and protection. And what must also change is the way justice has been served in the past. I think there has been a lot of progress along these lines in recent years. But I also think we have a long way to go before survivors like Laurie Wolf will be able to see the swift justice they deserve. We need to do more to ensure that happens.  Sooner rather than later.