A Jewish Beis Din has certain advantages, even without legal enforcement capability.
Mishpacha interviewed Rabbi Zev Cohen of Chicago’s unique “Special Beis Din” dealing with issues of abuse.
Select excerpts from the article:
We have found that the fear of discovery, and the communal outcry that goes with it, is often a deterrent. It appears that the way the Special Beis Din has dealt with the cases has had a positive impact in reducing the instances of abuse. For instance, after our most high-profile case, in which we were forced to take a very public stand to stop the abuse, our caseload has dropped off considerably.
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If a victim tells us that she wants to go to the police, she receives our encouragement. But frequently, victims are too traumatized to testify to the police, and find it easier to speak to rabbanim. In addition, it is important to remember, one cannot just go to the police and have someone thrown in jail. We had one case where the victim wanted to go to the police. The accused immediately posted bail and was soon back on the streets. But at that point, we could no longer impose our own restrictions on the perpetrator, because the police were already involved.
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In formulating the restrictions to be imposed on the perpetrator, we first work together with local mental health professionals, who have ongoing relationships with state and city authorities. We present the accused with a set of carefully crafted requirements to which he must conform. That means that the perpetrator must be removed from all the circumstances and situations in which he had contact with his victims. And we try to ensure that he will never be in a place where his victims will see him. That has even included telling a father or a grandfather that he cannot attend his daughter’s or granddaughter’s wedding. Cases where siblings or other family members are considered a threat are obviously the most complicated, and require extreme sensitivity on the part of the Special Beis Din, working in conjunction with mental health professionals.
The perpetrator may be barred from the men’s mikveh and not allowed into shul without a constant shadow. And the permission to attend shul may be conditioned on leaving prior to the kiddush, and never departing from the area of prayer at any time. All those responsible for the places from which the perpetrator is barred or limited will be informed of the restrictions in place.
It is crucial that the perpetrator knows that he is being observed. And further, that if he violates the conditions we have set for him, the entire community will be alerted as to his deeds and his failure to comply with our restrictions. That remains a powerful deterrent even after the passage of much time.
Something I’ve been speaking about for years is the necessity of a national data bank of abusers so that they cannot just leave one place and return to their former ways in another city. We once had a case where we found out that someone on our lists had taken a job as a mashgiach for a Pesach program. Baruch Hashem, we were successful in having him removed before the program started, but a national database of shuls and organizations, like Agudah, Orthodox Union, and Young Israel, would have protected against him being hired in the first place.
Read the rest on Mishpacha.com here (recommended)…
Rabbi Reuven Nakar describes a similar process in Israel.
Massive thanks to the honorable subscriber who brought this gem to our attention!