Sexual assault punished differently among religious, secular Jews
It's intolerable that in Israel there is a separate law enforcement system for religious Zionists.
By Gideon Levy Tags: Zionism Israel newsReligious Zionism presents: a show of arrogance. For about three years, they kept their dirty laundry at home, but now they have been so kind as to display it for everyone to see. The fact that in the State of Israel there is an alternative law enforcement system such as the Takana forum, which investigates and metes out punishment only to religious Zionists, is intolerable. The fact that this system is run by the heads of a movement that in vain regulates to itself what is morally, ethically and culturally permissible is another sign of its arrogance.
A high school teacher at a secular school who sexually assaults his students would be turned over to the police. A rabbi at a yeshiva suspected of the same thing would be turned over to Takana. Perish any connection between them, but the criminal underworld also has its own judicial system with the means to investigate and punish. In that respect, there is no difference between the underworld and Takana.
Religious Zionists are not the first to conduct themselves this way. They were preceded by the kibbutz movement, which prided itself for years over its moral principles, and it, too, used to settle such matters "in-house." The kibbutz movement has contributed a lot more to society and the state than religious Zionism, but the kibbutz movement's arrogance was also without foundation, and it, too, was not entitled to maintain a separate set of laws. It was not for nothing that the rape incident at Kibbutz Shomrat sparked public indignation at the time. The kibbutzniks and the rabbis are not a higher breed. Their offenders must be dealt with precisely as any other citizen would be. Rabbi Mordechai Elon and John Doe are one and the same.
Takana has every good intention. A good word should also be said about the fact that it disclosed, ultimately, the suspicions against Elon, and better late than never. Its ethical code speaks of "conduct that is not becoming in relations between him and her," as if there is no such thing as "between him and him" and "her and her" in their community. It has also been said in the community that "acts of injustice should not be covered up on the argument that God's name will be desecrated through their disclosure," but that is exactly what they did with Elon. The claim that the students refused to come forward and complain to the police is an attempt at deception and cover-up. When the police are looking for complaints, they know how to encourage alleged victims to come forward. Just ask Haim Ramon.
The fact that now, after the suspicions were reported, additional complaints against Elon have begun to surface, as Takana has also acknowledged, just reinforces the need that there was to disclose them immediately when they became known to Takana. Its official response regarding the failure to go public with the suspicions, as if it was seeking to protect the complainants, is also clearly unconvincing. It could have been disclosed anonymously, as has been done now, and the supreme interest should have been maximum exposure of the complaints to prevent additional individuals from becoming victims.
The fact that Takana also notified the attorney general at the time, who the movement claims prevented the police from entering the picture, does not absolve Takana in this failed case, even if the attorney general conducted himself outrageously. And the failure was serious: A respected rabbi continued, for years, to teach his students and, suspicion has it, also to treat them inappropriately.
The press is now full of reports of the "astonishment" which has swept the religious-Zionist community, and about the terrible "rift" and "split" that has affected it. What's the issue? Has anyone cast doubt on the fact that there are homosexual rabbis, lesbian teachers at religious girls' high schools and even some who sexually harass their students? That is precisely the kind of arrogance that also characterizes the Takana forum. They could have checked, listened, dealt with it, shown sensitivity as much as they wished, but then transfer the matter without delay to the authorized government institutions.
An ironic coincidence has placed two important men of letters in the eye of the storm. The poet Yitzhak Laor is left to his fate. There is no Takana to examine the suspicions against him, which were all disclosed publicly immediately, perhaps even hastily. There is no "split" on the left and no "rift" in the peace camp. Laor's students are not being photographed with him embarrassingly kissing and hugging, and they are not writing angry articles in the newspapers. But highly publicized demonstrations of support for Elon have been held near his Migdal home, following three years of disgraceful silence on the part of Takana. The only good thing that can come out of all of this now is that Takana immediately changes its ways, or shuts down.
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Rabbi Mordechai Elon. |
| Photo by: (Gil Eliyahu) |
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If the accusers were not willing to go to the police, for what ever reason, then what could the AG do? What could Takana do? Takana did the best they could excommunicating him from the post that offered the opportunity for abuse and monitoring his actions so that he would not have the opportunity to abuse again - which is exactly as they did. As soon as they realized that the terms of Rabbi Elon?s expulsion were not being observed they came forward to the public. Instead, Gidoen?s hate for all things religious compels him to come to insult the only upright aspect of this saga. Gideon?s bitterness might come from his (and his religious hating friends in the media) missing the opportunity to break this story. Instead the public became informed from Takana once Takana realized that their discreet measures were not being complied with...
The virulent tone in the article smacks of a bitter person more than it does conveying well thought through opinion. The facts lend to both criticizing Takana and/or commending the group. But the alternatives available need to be better described and effectiveness of Takana?s approach should have been given more credibility. The range of people overseeing the cases that come before Takana are not only rabbis and their concern aims to address a complex situation relating to victim and accused abusers all within the broader context of a community. The fact that the attorney general was informed from the outset shows that Takana was not a vigilante organization trying to supersede state law. Their primary aim - protecting the public - was first brought to the legal authorities while dealing with it internally as well. If anything, the failure for the legal system to address this (evidenced by the AG inaction) confirms the need for an extra layer of justice and enforcement...
In the frum world it would be considered immodest for a man to shake hands with women or even to be alone with a woman without a witness. What is unacceptable in Halacha might be quite legal in civil law.If the attorney general was informed and saw no need to pursue the case that suggests it did not transgress any civil law. Posters are jumping to conclusions that may well be unjustified.
Here in the UK complaints against doctors are dealt with by the General Medical Council, lawyers and teachers also have professional bodies that deal with comp[laints and can strike off those found guilty of serious misconduct. Why is a smilar group dealng with complaints against Israeli religious teachers any different? Complaints can be directed to the police, but some people prefer not to go that route.
It's really quite simple. Approximately 2% of sexual harassment cases are reported because of the ordeal involved in going to the police: testimony, appeals, etc. People who felt they were mistreated (though we're not sure if it was legally or ethically) chose to come to takana and not the police to ask for help. The forum, as a community institution fulfilled its responsibility to its community by doing what it could to: a. neutralize the situation and b. keep the community intact (please don't try bringing any examples of similar instances in secular communities where there was no rift, that is irrelevant, there is a divide widening right now). When they saw the community was still in danger they took further steps. Even if these were legal as opposed to ethical offenses, takana had no moral responsibility to go to police, that is not their job. Let's not take every biased chance we can to rip apart religious zionists thoush I know that would bring many people here great pleasure
For so many years the anti-religious press of 'The Land' has attacked the religous community for refusing to come to terms with sexual abuse. Takana allows people to raise complaints with respected Rabbis who then invesitigate and try to stop further possible abuse. Many people who might speak to Takana would not speak to the Israeli police, and for this Takana deserves great credit. I hope the Edah Haredit sets up a similar committee to deal with their own educators. The fact that the Attorney General was consulted shows they are not an alternative, but work together with the 'official' agencies.
This article would get a fail as an essay by a 16 year old. We don't know whether the 'acts' were criminal' or just 'immodest' Halachically, and therefore we don't know if the atorney general was right not to pursue a case that didn't exist. What if theoretically the students were legally consenting adults ? Could not that be why the students refused to involve the police ? If these acts were as obvious as is claimed why did no other students know about it? This sort of gossip moves very quickly in narrow circles. Having a body of senior Rabbis looking into allegations of improper behaviour is actually a gigantic step forward from the previous position of denial and accusing the media of being anti-religious.
They admit the existence of homosexual and lesbian actibity in their midst. The Haredim (ltra-orthodox), however, sweep it all under the carpet. Chass ve-sholom, no such to'eyvoh is kayyom among the blackhatters. Got zol ophiten!
"It may well be that there was no criminal act but a distortion of values and morals" That's because you religious people don't recognize state laws. Don't respect the laws and the state? Leave.
" The kibbutz movement has contributed a lot more to society and the state than religious Zionism,..." Huh? Must be why the Kibbutz movement has such an impact on the modern state, this is like saying that Nero had more impact on Italy than the catholic church..........Where is Nero today and where is the Catholic Church, where is The Kibbutz Movement today and where is religious Zionism
I agree, the law is the same for everyone.the religious Zionists, the IDF Head qarter, the Arabs.
The question isn't why a voluntary organization has exposed this case, but rather why the police does not handle the thousands of cases of sex offenses Israeli's suffer daily in the office, the army, and even in the President's residence. Why do the police solve so few cases of organized crime, Why is south Tel Aviv and Eilat crawling with illegals, why are so few car thefts solved: One answer: The police is a lousy organization. So don't blame the volunteers for their noble contributions.
..."no criminal act but a distortion of values and morals", that you maintain should be treated in an extra-judicial context...
There are good points & less good points in Gideon Levi's article,but he lost any worth to give his opinions when he said that the Kibbutz Movement has given more to the State andSociety than the religious Zionist movement, of which I am not a member. How many litres of water can Gideon Levi hold in his hands?How do you decide that a long ago dead socialist movement gave more?Drugs, intermarriage to non Jewish volunteers and moving outside the country?The physical building of Israel,yes, moral principals (for2 generations only) the moral standard of our army,yes!But it being ursurped by the religious. How did he measure the moral & spiritual worth of the religious Zionists?(Did G-D tell him what the Gross National Product of all the Mitzvot were worth)?Being Chasid,in Lebanon 1982 right outside Beirut my unit of 75 were 71 Kibbutznikim and 4 religious.The night before going into Beirut so many flocked to this representative of belief to find answers.Editorials should be backed by facts
I am not assuming that Rav Elon is either innocent or guilty. That's for the courts to decide (not the press, by the way). If the members of Takana had suspicions, they should have gone right to the police to let them investigate. Their only role after turning over the case to the proper authorities should have been to support those who would need it. This way potentially endangered others and was a chilul haShem; a much bigger chilul haShem than had they done whatthey should have years ago.
Inappropriate sexual activity should indeed be reported immediately to the police. Obviously Takana cares more for the rabbi and the "good" name of "kipot srugot" than its yeshiva buchers. This is disgraceful. Just as I would like to know if my neighbor is a pedophile, I deserve to know if my son studies with an educator with slippery hands and slippery morals. As a teacher who works one-on-one with students myself--and one who is always vigilant never to cross any red lines -- I also find Takana's actions reprehensible. Who the hell do they think they are?
Gideon Levi you have missed the point. Takana worked in a community context...working both with community and within the boundaries of their legal obligations to find a solution. It may well be that there was no criminal act but a distortion of values and morals...and that is the exact place where the community has a right and obligation to react and not to bury their heads in the sand.