Is Orthodoxy Confronting Abuse?

Within Jewish circles, much of the focus on sexual predators hascentered on the Orthodox community, particularly its more ferventlyreligious precincts, where some contend that clergy sex abuse is morehidden -- and possibly more widespread -- than elsewhere.

Whether or not those contentions are true, the problem in thatcommunity was spotlighted by two recent episodes. They are amongseveral incidents, emanating from across the denominational spectrum,that JTA examined in this five-part investigation of the Jewishcommunity's response to clergy sex abuse.

The first of two episodes that JTA tracked in the ferventlyOrthodox, or haredi, community involved a fierce debate over remarks bya haredi rabbi who reportedly suggested that his community sweeps theissue "under the carpet." The second involved the arrest of a haredirabbi and teacher, who was charged with sexual abuse and endangeringthe welfare of a minor.

On Thanksgiving, at the annual national convention of Agudath Israelof America, a haredi advocacy organization, Rabbi Matisyahu Salomon, afeatured speaker, ignited a controversy with his discussion of theharedi response to clergy sex abuse.

Salomon, a dean of Beth Medrash Govoha in Lakewood, N.J., one of theworld's largest yeshivas, said, according to an Agudath Israelspokesman, that haredim are indeed guilty of "sweeping things under thecarpet."

What he meant was open to interpretation. Salomon declined comment,but according to the Agudath Israel spokesman, Rabbi Avi Shafran,Salomon meant that rather than ignoring or covering up sexualmisconduct, as detractors maintain, haredi officials deal with itdiscreetly to protect the dignity of the families of perpetrators andvictims.

The response to Salomon's remarks was swift and often heated, withseveral Web site and blog contributors arguing that the rabbi'scomments should be taken literally -- that is, haredi officials oftenlook the other way when clergy sex abuse takes place in their midst.

Shafran, who accused the online detractors of making glib andsweeping generalizations without corroborating evidence, termed thecomments "abhorrent."

Other communities were criticized as well on one Web site.

"Denial, secrecy, and sweeping under the carpet are not unique tocharedi, Orthodox, or Jewish institutions," wrote Nachum Klafter, aself-described "frum psychiatrist," in a Nov. 26 posting on the Website haloscan.com. "They are typical reactions of well-intentioned,scandalized human beings to the horrible shock of childhood sexualabuse."

Eleven days after those remarks were posted, a haredi rabbi, YehudaKolko, was arrested and charged in connection with the allegedmolestation of a 9-year-old boy and a 31-year-old man, both formerstudents of his during different eras at Brooklyn's Yeshiva-MesivtaTorah Temimah. Kolko, 60, had long served the yeshiva as a teacher andan assistant principal.

Kolko, meanwhile, is named in at least four civil suits filed overthe past eight months by his alleged victims, including the 9-year-oldboy. The most recent litigation, which seeks $10 million in damagesfrom Torah Temimah, was filed in New York state court the day beforeKolko was arrested. It alleges not only that Kolko molested the9-year-old during the 2003-04 school year, but that the schooladministration covered up the rabbi's pedophilia for 25 years.

The suit charges that Rabbi Lipa Margulies, identified as theleader of Torah Temimah, knew of many "credible allegations of sexualabuse and pedophilia against Kolko," yet continued to employ him as anelementary school teacher "and give him unfettered access to youngchildren."

Avi Moskowitz, the attorney representing Torah Temimah, said: "Theyeshiva adamantly denies the allegations in the complaints and is surethat when the cases are over, the yeshiva will be vindicated."

Another one of the lawsuits brought against Torah Temimah was filedin May by David Framowitz, now 49 and living in Israel. In that $10million federal litigation Framowitz, who was joined by a co-plaintiffalso seeking $10 million, alleged that he was victimized by Kolko whilehe was a seventh- and eighth-grader at Torah Temimah.

Although the lawsuit, which named Kolko as a co-defendant, referredto Framowitz only as "John Doe No. 1," he has since dropped hisanonymity and gone public with his story.

"That's the only way that people would believe that there's actuallya problem, if they knew that there's a real person out there who wasmolested," Framowitz told JTA in a recent telephone interview. "Thereare many other victims out there, and I want people to know that thisreally exists."

Framowitz grew up in part in fervently Orthodox communities inBrooklyn where rabbinic sex abuse, he said, is rarely reported. Andwhen it is reported, he added, rabbinic courts seldom have theexpertise or the inclination to deal with it effectively.

After his own reports of abuse were met with disbelief and inaction,Framowitz said he chose to "deeply bury" his painful memories of thealleged incidents.

"I never really got over it," he said, "but I was able to get onwith my life." An accountant by trade, Framowitz made aliyah severalyears ago, and now lives in the West Bank community of Karnei Shomronwith his wife and four adult children. They have one grandson.

Framowitz said he decided to speak out publicly about his experienceafter he learned through the Internet in the fall of 2005 that Kolkowas still teaching young boys. He said he is relieved that Kolko hasbeen arrested and charged, although in connection with reportedincidents unrelated to his alleged victimization.

"It's a relief knowing that the story is finally out there,"Framowitz said, "and that maybe Kolko will be prevented from beingaround other kids."

JTA tried unsuccessfully to reach Kolko, who along with Framowitzwas the focus of a May 15 New York magazine story that said"rabbi-on-child molestation," according to several sources, "is awidespread problem in the ultra-Orthodox Jewish community and one thathas been long covered up."

Attorney Jeffrey Herman, who is representing the plaintiffs in thelawsuits stemming from Kolko's alleged misconduct, was quoted in theNew York magazine piece saying that the clergy abuse situation in theharedi community "reminds me of where the Catholic church was 15 or 20years ago. What I see are some members of the community turning a blindeye to what's going on in their backyards."

Hard numbers are not available to determine if clergy sex abuse ismore widespread in haredi communities than in other Jewish locales.However, several insiders said there is anecdotal evidence that abuseoften goes unreported there. The reason, they said, is that manyindividuals in those communities, which are noted for their insularity,resistance to modernity and reverence for religious leaders, are loathto confront rabbis for fear of being publicly shunned.

Shafran said he doubts that clergy sex abuse is more prevalent inthe fervently Orthodox world than elsewhere. Asked whether victimsthere are afraid to report abuse, he said, "I hope it's not true. Butit's easy to see how someone would be reluctant to publicly report suchan issue."

He said modesty, which is prized by many haredim, might preclude theopen discussion of matters "that are part of the average radio talkshow agenda."

Others believe that underreporting of clergy sexual misconduct may in fact facilitate abuse.

"Offenders have learned to hide behind" the reluctance of victims tospeak out, said Brian Leggiere, an Orthodox Jew and a psychiatrist inManhattan who has treated both perpetrators and victims of sexualabuse. He added, though, "The situation is changing for the better, butvery slowly. Each community is different, so it's hard to generalize."

In some neighborhoods, Leggiere pointed out, public safety isbeginning to gain traction as an ideal worth defending, as is thenotion that professional therapy or other forms of treatment for sexabuse victims, as well as for perpetrators, should not be stigmatized.Judging the judges Among many Orthodox Jews, the preferred forum foradjudicating communal disputes is a beit din, a rabbinic court. Butcritics say such panels often try to dissuade sex abuse victims frompursuing their complaints, a charge vigorously denied by Shafran. But,he added, "In cases where there is some degree of doubt, the beit dinhas a responsibility to counsel against going to authorities untilthere is proven criminal activity."

Mark Dratch, a modern Orthodox rabbi who chairs the RabbinicalCouncil of America's Task Force on Rabbinic Improprieties, said that ifthe beit din "is used to make the community safer, that's appropriate.If that relationship is used to bypass the justice system, I thinkthat's wrong, particularly in cases of suspected criminal activity.

"The problem in the ultra-Orthodox community is people go to thebeit din and not to civil authorities. There is a very complicatedrelationship between rabbis and civil authorities," he said. "Itdoesn't always work appropriately."

Dratch, who now directs JSafe, a nonprofit organization addressingabuse in the Jewish community, said he has "pleaded with members ofAgudah to expose the dangers of clerical and familial abuse. I said ifyou don't expose, victims have no place to turn."

Agudath Israel has not promulgated anti-abuse policies for itsaffiliated congregations, Shafran conceded, "nor have there beencomplaints" of sexual misconduct at Agudath Israel-affiliatedcongregations. But he added, "I wouldn't rule out that one day therewould be such guidelines. The Talmud teaches us that we should stayaway from even the appearance of impropriety."

Agudath Israel does have binding behavioral guidelines that apply toits youth groups and its five summer camps, which serve about 2,000youngsters, according to Shafran.

Yehuda Kolko worked at one of those camps, Camp Agudah in Ferndale,N.Y., decades ago, according to Shafran, apparently long before thebehavioral guidelines existed.

The federal lawsuit filed in May states that while Kolko was at CampAgudah, he repeatedly molested Framowitz, who was a camper there in thesummers following his seventh- and eighth-grade years at Torah Temimah.

Framowitz's co-plaintiff -- "John Doe No. 2," an adult male livingin the United States -- alleged that he also was abused by Kolko, butonly at Torah Temimah. The lawsuit contends that the administrations atboth the camp and the school knew Kolko was a pedophile and did nothingabout it.Shafran declined comment on the litigation, which is being divided intotwo complaints, one for each plaintiff, according to attorney Herman.The complaint initiated by Framowitz has been dismissed on theplaintiffs' initiative but will be refiled, Framowitz and Herman said.

An attorney representing Kolko in the federal litigation declinedcomment on behalf of his client.The modern Orthodox community was deeply scarred by the sex abusescandal involving Rabbi Baruch Lanner, a former regional director ofthe National Conference of Synagogue Youth, a branch of the centristOrthodox Union.Lanner was sentenced in 2002 to seven years in prison for sexuallyabusing two female students during the 1990s while he was theirprincipal at a yeshiva high school in New Jersey.

However, a 2000 report by a special O.U. commission found thatLanner had also sexually abused women and teenage girls, and physicallyabused boys and girls while he was a leader at NCSY. The case attractedwidespread attention, in part, because the report said some O.U. andNCSY leaders had failed to take action for several years to haltLanner's misconduct.

Ultimately, according to organization insiders, O.U. Executive VicePresident Rabbi Raphael Butler resigned under pressure in the wake ofthe scandal.

Both the O.U. and the NCSY have upgraded behavioral guidelines andenhanced anti-abuse training programs, according to officials at bothorganizations. The NCSY policies, which cover 17 pages and were revisedmost recently in October, are binding on at least 25,000 individuals,including NCSY professionals, volunteers and program participants. Theguidelines spell out prohibited conduct in detail, and includestep-by-step instructions for filing an abuse complaint.

Both O.U. and NCSY officials said they are not aware of anycomplaints of sexual misconduct toward youths since the NCSY guidelineswere upgraded a few years ago.

The Chabad-Lubavitch movement has no written conduct guidelinesapplying specifically to its estimated 4,000 global emissaries, knownas shluchim, or its approximately 3,000 multi-use facilities thatdouble as synagogues and are usually referred to as Chabad Houses.

However, many Chabad Houses have adopted behavioral policiesoriginally formulated for the movement's schools, according to movementspokesman Rabbi Zalman Shmotkin.

In addition, according to Shmotkin, shluchim must strictly abide bythe Shulchan Aruch, the 16th-century code of Jewish law that prohibitsnon-married or unrelated adults of the opposite sex from being secludedwith each other.

Some of the denominational policies examined by JTA are designed toguard against situations that could result in inappropriate contactwith minors, regardless of their sex. They mandate, for example, thatat least two adults be present when a child is receiving privatereligious instruction.A non-seclusion requirement is among many anti-abuse provisionsincluded in mandatory school behavioral policies adopted by Chabadabout five years ago. The policies cover approximately 2,000 personnelat some 350 Chabad schools attended by about 24,000 students.

The policies also instruct school officials to consult tworecognized rabbinic authorities -- one Chabad-affiliated and one not --regarding the centuries-old Jewish legal injunction known as mesirah,which in some instances prohibits Jews from reporting Jewishperpetrators to non-Jewish authorities.Mesirah has been blamed for the reticence of some Orthodox sex abusevictims to go public with their complaints. In a spring 2004 article inthe anti-abuse publication Working Together, Dratch of JSafe said thatin cases of child sex abuse, "the consensus of contemporary Jewishreligious authorities is that such reporting is religiously mandatory."

Three years ago, several safeguards were adopted by TorahUmesorah-The National Society for Hebrew Day Schools, a serviceorganization -- the largest of its kind in the United States -- thatprovides religious educational materials for nearly 200,000 Orthodoxstudents spanning that denomination's ideological spectrum.

The Torah Umesorah guidelines, which were presented to schoolprincipals, warn teachers and other staffers to refrain from sexuallyimmodest behavior or speech and from inappropriate touching. They alsoprohibit school personnel from being secluded with students.

But the guidelines are nonbinding because each of the hundreds of schools served by Torah Umesorah are self-governing.

"We're a service agency, not a governing agency," Rabbi Joshua Fishman, the organization's executive vice president, told JTA.

Elliot Pasik, a New York attorney and children's rights advocate,said the way in which the guidelines were distributed calls intoquestion Torah Umesorah's commitment to protecting students fromsexually predatory teachers and other staffers.

The guidelines were accompanied by a Sept. 24, 2003, cover lettersigned by Fishman that said in part: "This document should bemaintained with a sense of confidentiality. It should only be sharedwith your educational administrative and teaching staff."

Perhaps as a result of that directive, Pasik said few, if any,parents he knows with children attending schools serviced by TorahUmesorah were told about the rules unless they called the TorahUmesorah national office in Manhattan. Pasik's children have attendedyeshivas affiliated with Torah Umesorah.

Furthermore, he added, "I have personally spoken with several teachers and they knew nothing about these guidelines."

Asked to respond, Fishman declined comment, except to say, "We believe that molesters should be reported."

Pasik said the situation shows the need for a centralized governingbody -- perhaps a state or federal agency -- that can hold schoolsaccountable for the safety of students.

"It's hard for people in any organization to govern themselves," he said. "We're not being patrolled or governed by anybody."

Pasik recently lobbied for passage of legislation in New York thatauthorizes non-public schools to require fingerprinting and FBIbackground checks for prospective employees. The measure was enactedAug. 16.

The larger issue of child molestation in the Orthodox community wasaddressed in a one-page statement accompanying the Torah Umesorahguidelines.

Issued by the organization's rabbinical board, the statement says inpart that "a small number of individuals have caused untold pain tomany children. In addition to the sins which they have committed, theyhave created painful memories in the minds of their victims, memorieswhich can have a devastating lifetime impact."

The statement urges "everyone to use every means to stop theseviolations of children, including, at times, exposing the identities ofthe abusers and even their incarceration. At times, our primary intentmay not be to punish the perpetrators, but rather to help them.Therefore, it is preferable, wherever appropriate, to force them toundergo appropriate professional therapy."