Author: Kalman Dubov

Publisher: Kalman Dubov

Published: 2021-12-01

Total Pages:

ISBN-13:

The prevalence of sexual predation in the Orthodox Jewish community has traditionally been to not report to secular authorities. The pejorative term applied to one who violates this norm and informs authorities of pedophilia and criminally aberrant activity is 'mosur.' This term is applied with harsh denigration. From a Jewish legal point of view, the mosur is subject to the death penalty by any Jew, anywhere Jews reside and applies in an extra-judicial manner, without prior review by any Jewish authority, and is applicable today. Rabbinic legal authorities determine that the life of the predator, and by extension, of the community, takes precedence over the victim regardless of the cost to the victim. In such a setting, the victim has no recourse. If s/he goes forward to report the abuse, the mosur charge will apply. Maintaining silence means not being able to access health professionals to ameliorate the violations that occurred, and the predator is thereby free to abuse others and to do so with impunity. The origins of this legal framework stem from Jews living in the Diaspora and is not mandated Biblically. This framework, I contend, is based on considerations of survival so the predator is protected and the community remains safe from anti-Semitic governments. Survival was deemed the highest priority regardless of the individual costs present. The flashpoint of this scandal took place in Australia with the establishment of the Australian Royal Commission to receive testimony on abuse of institutionalized children. Initially, aberrant acts against minors by Roman Catholic Church prelates, both Diocesan and Order were examined. The Commission also heard of Chabad rabbis who implemented the mosur mindset, to not report crimes of sexual abuse in their schools, while minimizing the effect such abuse had on the victims. Two specific cases are discussed, one in the United States and the second in Australia. In both instances, the accused escaped justice by going to Israel. The Australian case became an international cause célèbre when the Melbourne Jewish school that had employed her paid for and arranged details of the flight. It was only after years of delay and legal maneuvering, including charges of interference by a senior cabinet member, that the accused was finally extradited to Australia, now awaiting her criminal trial. The case in the United States reflects a similar escape, with the accused now residing in Israel. How did the mosur phenomenon come about? The book proposes a theory of the Doctrine of Temporary Residence as the basis for the law. Based on a Diaspora mindset, that framework no longer applies since justice in the free world is fair, impartial, and not anti-Semitic. The prohibition of not turning over a Jewish predator for criminal prosecution therefore no longer has validity. The new and recent phenomenon where communal leaders seem to advocate greater care and concern for the victim of these crimes is a refreshing development.