Rabbis tried, failed to deter Yeshivah child sex offender, victim tells inquiry

By Jane Lee
Age
February 4, 2015

http://www.theage.com.au/victoria/rabbis-tried-failed-to-deter-yeshivah-child-sex-offender-victim-tells-inquiry-20150204-135zag.html

Jailed former Yeshivah director Daniel Hayman.

One of Australia's most senior Orthodox rabbis says Jewish people have an obligation to report sexual abuse, and that the prohibition against informing against other Jews to secular authorities does not apply to child sexual abuse.

Rabbi Moshe Gutnick spoke out against the ultra Orthodox Chabad community's treatment of victims and cover-up of past crimes at the royal commission into child sexual abuse on Wednesday. 

"I believe it is an absolute religious obligation to report any allegations of child sexual abuse as quickly as possible to the appropriate authorities and to suggest there is some religious obligation not to do so is an abomination," he said.

Victims of former Yeshivah Centre employees David Cyprys, Daniel Hayman and David Kramer have told the commission that senior rabbis have labelled them "mosars", or informers, for breaching the prohibition of mersirah, which they said prevented other victims coming forward.

Rabbi Gutnick called the treatment - which has led to some, including Manny Waks and his father Zephaniah, feeling forced to leave Australia - a "tragedy".

"I believe the cover-ups and bullying and intimidation that has gone on ... represents the antithesis of the teachings of Chabad and Judaism and orthodoxy," he said.

Rabbi Gutnick defied a number of ultra orthodox beliefs that victims say have led them to be made pariahs in the Chabad community, prompting tears in the public gallery at the County Court:

- Sexual crimes were considered the "most heinous" in Judaism and were equivalent to murder in Jewish law: "Mersirah does not apply (to child sexual abuse). You don't call your rabbi. You call the police," Rabbi Gutnick said.

- Child abuse victims and people who had any information of abuse had an obligation under Jewish law to co-operate with police and should not risk being shunned. "Those who do so should be considered heroes and should have the full and complete and absolute support of every single member of the community," he said.

- Jewish courts dealt only with civil disputes between Jewish people, the rabbi said, with no body of Jewish law for criminal matters for more than 2000 years.

Rabbi Gutnick, who apologised to abuse victims in 2013, made an impassioned plea to the Chabad and the broader  Jewish and secular community to support victims. He also called for his colleagues to "start a revolution" to prevent abuse.

The Western legal system, including the police and civic courts, were an extension of Judaism because they had the same aim of making the world a better place, he said.

People who argued rabbinic courts should deal with child abuse "are not saying it out of religious fervour to keep the law. They are saying it that way to hush up, to cover up, to prevent the victim from finding redress, to perhaps cover up another crime. That's the reason they are doing it ... they haven't suddenly become super religious ... if that's their motive go straight to the secular courts."

Under cross-examination from Remy van der Wiel, QC, lawyer for the victim known as AVB, Rabbi Gutnick conceded there was no way to stop rabbis who demonised victims, including one who had called AVB's wife a "witch" who was "married to the devil" from practising as rabbis.

"Rabbis are no different from the rest of the community. There are people with crazy views in the broader community ... and among rabbis," he said.

Rabbi Gutnick said that within the Jewish diaspora "we are left with a flawed system".

He acknowledged there was no formal training for rabbis on how to respond to child sexual abuse, which he called a "mistake". 

He said the motive of those seeking to silence victims was sometimes to prevent persecution of Jews, which was mistaken. Other times it was "to retain power and control", both of which stemmed from a misunderstanding of child sexual abuse.

All religions and institutions failed when they chose to protect the organisation rather than serve their individual members, he said.

"If we have to wait for God to punish them in the next world then we have failed."