Orthodox Video Silent on Reporting Sexual Abuse to Police

By Rebecca Dube

Published June 03, 2009, issue of June 12, 2009.
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A government-funded video made by one of New York’s largest Orthodox social service agencies — touted as its guide for dealing with child sexual abuse — makes no mention of abuse as a crime to be reported to police.

OHEL CHILDREN’S HOME AND FAMILY SERVICES
‘Ignorance Is Not bliss’: Ohel CEO David Mandel says the DVD produced by his agency is intended to ‘evoke action.’

Critics say the video raises questions about Ohel Children’s Home and Family Services, which is heavily supported by taxpayers and deeply involved in the Brooklyn district attorney’s efforts surrounding child sexual abuse in ultra-traditional Orthodox Jewish communities. Some Orthodox leaders, those critics say, including those at Ohel, have tried wrongly to handle sexual abuse within the community, excluding secular law enforcement authorities — leading to abuse being covered up and cases of pedophiles remaining free to molest more children.

“The only way to begin dealing with this issue is to begin reporting any incidents of sexual abuse directly to the authorities,” said Lonnie Soury, spokesman for Survivors for Justice, a group of Orthodox sexual abuse survivors. “Any organization that advocates anything but that is doing so at the expense of children’s health.”

The Ohel DVD calls the phenomenon of child sexual abuse in the Jewish community a shande, meaning a scandal or shame, and urges victims and their families to seek counseling. It warns schools that they are responsible “to do everything, by all means,” about the abuse. And it instructs parents to “do whatever you can to make sure that your child is never put into that position again.”

“What we want to do is evoke action,” declares Ohel CEO David Mandel at the video’s conclusion.

But the word “police” is not spoken once during the 10-minute video, titled “Ignorance Is Not Bliss.” Nor is sexual abuse ever described as a criminal act. None of the speakers suggests calling 911, city or state child welfare services, or any other secular authority. The DVD, produced in 2004 and updated in 2007, according to its copyright notice, is freely distributed as a resource for survivors, parents, educators and community leaders.

The Brooklyn-based Ohel, a leading social services agency serving the Jewish community, defends the video.

“This specific video, ‘Ignorance Is Not Bliss,’ which was produced some eight years ago, is not about the logistics of how to report, or who to report to,” said Ohel spokesman Derek Saker, who responded to questions from the Forward in an e-mail. “Rather it was developed as an educational and informational tool for the community, to raise awareness of such shocking abuse, communicate an understanding of what such abuse is, how it affects so many, and its consequences on victims and families.”

Mandel refers regularly to the DVD as a resource for people who want to know what to do about child sexual abuse; most recently, in a full-page advertisement published May 13 in The Jewish Week, the organization listed watching the video as a “practical suggestion” for community members who want to take action against abuse.

The video begins with testimony from survivors of child sexual abuse and the mothers of two victims, describing the devastating impact of the abuse. The presentation then segues into various community leaders explaining why it is important not to shame sexual abuse survivors but to bring their stories out into the light and stop sexual predators.

Rabbi Shmuel Kamenetsky, a highly respected rosh yeshiva at the Talmudical Yeshiva of Philadelphia, says in the video, “For victims, I would say that it is their duty… and a mitzvah, to go and reveal their stories.”

But the video never specifies to whom the victims should reveal their stories, or what responsibility adults have to report suspected abuse to law enforcement authorities.

The mother of a 15-year-old boy who was molested, whose story is held up as an example, says that she told community members about the molestation because “I was not going to let this man get away with it.”

“I didn’t treat it like it’s a secret, because the molesters, this is what they thrive on,” she says. “They think everyone should just keep it a secret.”

The woman is not identified, and she’s filmed behind a screen to hide her face. She makes no mention of calling police, or sending the molester to prison — the only surefire way to stop a pedophile from victimizing more children.

Aaron Twerski, a professor at Brooklyn Law School and a national expert on tort law, says in the video, “Every case that exists is a tragedy, and the fact that one molester can affect so many people makes this a problem that we just can’t look away from.”

Twerski does not suggest any legal remedies to the problem.

Contacted by the Forward, Twerski said that reporting abuse to police is a complex issue that could not be fully raised in the 10-minute video.

“The focus of that video was to alert the community to the problem,” Twerski said. “It’s a complex question of who has to report, and who is a mandated reporter. I’m not sure we could do it in that video.”

While the legal intricacies around mandated reporting may indeed be complex, the moral obligation of ordinary citizens is clear, Soury said: Report suspected child sexual abuse to authorities.

“It’s like someone breaking into your house and hurting you — should that be handled in the community?” Soury said. “No, you call 911 when there’s a crime.”

Soury said that efforts to deal with pedophiles within the religious community have failed because rabbis, principals and other community leaders are not equipped to investigate, prosecute and punish serious crimes. “The community cannot handle it. The community is not law enforcement,” Soury said. “These are terrible crimes against children.”

This is not the first time a video has raised questions about Ohel’s commitment to reporting abuse. Mandel was videotaped speaking at a February 2008 workshop in Baltimore about sexual abuse, during which he seemed to suggest ways to avoid reporting incidents of sexual abuse.

In a response to a question about a father molesting his child, Mandel said, “One of the ways we advise the family to handle this is — for the protection of the family and so that the case does not have to become reportable to authorities, which is a whole separate conversation — we strongly advise and sometimes make a statement that the father needs to leave the house, period.”

A video of his remarks was posted on YouTube by The Awareness Center, a Baltimore-based Jewish group fighting against child sexual abuse. At the end of Mandel’s remarks, an unidentified person in the audience shouts out, “What about calling Child Protection [a state agency]?” Mandel ignores the question.

Ohel’s response to child sexual abuse is not just an issue for the Orthodox community; it’s also a matter of taxpayer concern. Ohel runs a large and successful foster care program (ranked No. 1 in New York in 2006), and subsists mainly on government funding. In 2006, the most recent year for which tax documents are publicly available, Ohel received $38 million in taxpayer money, 89% of its total revenue.

The “Ignorance Is Not Bliss” video was produced with a grant from the New York State Office of Mental Health. Spokeswoman Jill Daniels said the amount of monitoring by her agency varies when it funds projects such as Ohel’s, and that she didn’t know how involved the agency had been in the video’s production. Daniels did say her agency’s policy is that anyone who suspects child abuse of any kind should report it to authorities.

Earlier this year, Ohel was selected by the Brooklyn district attorney’s office as a partner in its Kol Tzedek hot line, which is aimed at encouraging Orthodox Jewish victims to report abuse to authorities. Jerry Schmetterer, a spokesman for the district attorney’s office, said he hadn’t seen the “Ignorance Is Not Bliss” video but said that District Attorney Charles Hynes has a good working relationship with Ohel.

“We encourage anyone with knowledge of a crime to call the police. That’s all I’ll say about that,” Schmetterer said.

One unusual aspect of Ohel’s video is that it features an interview with a confessed child molester who speaks behind a screen to shield his identity. The pedophile says that his tactic for molesting children was to ask them how much they weighed, then pick them up to “test” their weight as an excuse to fondle them.

“I’m only one person, but look at all the people I messed up,” the molester says.

The Forward asked Ohel’s Saker what happened to this pedophile and whether his abuse of numerous children in the Orthodox community was ever reported to police. Saker did not respond to the question.

Contact Rebecca Dube at dube@forward.com.


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Comments
Vicki Polin, CEO - The Awareness Center Wed. Jun 3, 2009

"an unidentified person in the audience shouts out, “What about calling Child Protection [a state agency]?” Mandel ignores the question.

The individual who asked David Mandel the question was me (Vicki Polin). After his presentation was over I went up to him and asked again. He turned his back and walked away. Each state in the US has a child protection hot-line. According to the law of the land anyone who suspects a child is at risk of harm may make a hot-line report. I've been told by several different rabbonim, that all adults are mandated reporters.

(January,2000) At a conference of Orthodox mental health professionals, Rabbi David Cohen, urged all communities to publicize the danger, as one is not permitted to endanger an entire community for the sake of an individual. Even monitoring of the molester has proven ineffective, not only according to mental health research, but according to Rabbi Cohen, as stated in the Talmudic admonition "Ain Apotropos L'arayot" (there is no monitoring of one guilty of sexual offenses.).

Another speaker at the conference quoted the late eminent authority "Chafetz Chaim" that with regard to the possibility of mental harm, not only is one permitted, but mandated to apprise the community as this does not constitute Lashon Hara (evil talk). So telling becomes a protective community measure.

Jonathan Gudema Thu. Jun 4, 2009

This article seems like another contrived attack on an organization that actually is doing very well what they are being accused of not doing. As far as I know, Ohel has been at the forefront of addressing and exposing abuse, particularly in the Jewish Orthodox community.

Another reason to save our time and money, and read other Jewish publications.

Esther Lipschitz Thu. Jun 4, 2009

I agree with above comment – but would add substance. This is the same organization that recently published an article in many Jewish papers imploring to the community the importance of reporting and prosecuting offenders.

Does The Forward do any research or only that which meets their agenda?

I have seen this video. It Is powerful, tragic and shocking and OHEL is to be admired not rebuked. Some in the community in fact feel that OHEL should not make the issue so public. It’s amazing, they are criticized by left and right but do so much good for our community.

DB Cooper Thu. Jun 4, 2009

Vicki Polin comments resonate with me. Despite that Prof. Aaron Twerski believes that “It’s a complex question of who has to report, and who is a mandated reporter. I’m not sure we could do it in that video,” the law of the land is pretty clear--social service providers (teachers, SW) as well as adults aware of what's happening--are obligated to report the abuse to the legal authorities. So, while awareness of the issue is important, it needs to viewed as the first step in the process.

Action (ma'ase) need to be added to Rabbi Shmuel Kamenetsky comment that “For victims, I would say that it is their duty… and a mitzvah, to go and reveal their stories.”

If it's not reported to the police, little will change. (It could even be seen as condoning such behavior!).

On a personal note, I know the Orthodox community is not adverse to reporting "deviant" behavior to the authorities. My sister had a case opened when one of her children didn't seem to "thrive" properly. That she was later found to have a hormonal deficiency didn't stop someone (anonymously) from reporting her.

Bottom line. Ohel has done a disservice to the issue of ending sexual abuse by not clearly stating that such acts need to be reported to the legal authorities. Or, alternatively committing itself to reporting verifiable cases itself. To do otherwise suggests at minimum the impression it's shielding offenders and at worse promoting hillul hashem by perpetuating this "ashunda".

Daniel K Thu. Jun 4, 2009

Firsty Vicki Polin is a non-creditable individual to say the very least. Any rational person reaches this conclusion after doing some basic research of her unfortunate past. I suggest Youtube as a start.

While I unaware of mandatory reporting policies I am sure OHEL fulfills all these obligations. I found OHEL's recent statement on child sexual abuse and they in fact themselves call for more expansive mandatory reporting laws to allow for better enforcement!

It's interesting that the "institution of OHEL" is blamed by DB Cooper. In a search for "blame" it is always easier to lay anger at an institution than the very perpetrators themselves. In case DB Cooper is unaware OHEL treats and support victims!

OHEL is not a police force and as I see it must often make delicate inroads to address sensitive community and social issues that will either go unaddressed or ignored. While some may see an approach "with gun's blaring" the reality is that receptivity would be zero, only further aggravating problems. Whether to report or not to authorities is a very personal decision. As I understand most victims or parents of victims, Jewish and not - do not report - because of a sense of shame and other. While I personally agree that the best form of prevention is reporting to law enforcement, the reality is that there are many personal issues at interplay.

SB in Brooklyn Fri. Jun 5, 2009

If Ohel, using taxpayer dollars, is not going to work properly with authorities, then Ohel should run with non-taxpayer dollars and rely on the money from the community it is "trying" to protect.

I'm disgusted so much money is being given to a group that, in my opinion, has been sitting on a terrible subject for so long and has done practically nothing about it. And heaven forbid a child I know of needs to go into foster care; no way would I support the child going to an Ohel facility.

I am going to alert more people about this because I am sure many do not know that we taxpayers are funding this organization. What a joke of an organization.

yahanan Fri. Jun 5, 2009

I don't care what is written in the Oral tradition or Talmud. No one has special priviliges to harm a child or be free from monitoring and counsel from right authority!!!! As far as I morally comprehend the "written law of Moshe" (Torah) defines sexual assault on children or anyone as a crime no matter what someone's religious title! We should love our neighbor as ourself. That is keeping Torah.

We all have to face Elohim as our judge and had better heed His words.

Malvin in Flatbush Fri. Jun 5, 2009

Who says OHEL does not “work properly with authorities?!” They obviously do – they have been recognized time and time again by various government agencies.

And by the way that particularly in Foster Care.

Thank G-d for OHEL. SB in Brooklyn is obviously oblivious to the hundreds of children OHEL has saved and the adoptive parents that have been blessed with children of their own to love and care for. I should know, my neighbor was an OHEL foster child.

BMW Sun. Jun 7, 2009

I haven't seen the video but being a person that works with all different kinds of people in a community I know one has to be careful. Is it possible that the OHEl video is aimed at a certain group and if this group thought that anyone would be reported to the authorities (rightly or 'wrongly')they may not come forward for help and there would be even more cases not being dealt with! Let's give them the benefit of the doubt - maybe this is something they simply don't publicize so everyone will feel comfortable coming to them to deal with this issue. I would assume that if they do get grant from the govenrment and have had a wards they are not simply sitting back and letting this happen in theri midst. Just my two cents. . . but something to think about.

Sick and Tired of hearing about this Tue. Oct 27, 2009

I think if there is evidence of sexual abuse you call the police. What's the question here? I don't understand all the discussion. Like someone else shared, if someone is a threat you can and should call the police.

But don't forget, also take steps to protect your children and G-d should help us all to be aware and defend those precious treasures entrusted to us, G-d help us all.

I'm more concerned about the children, frankly I don't care too much about the offender, let him or her bear the consequences of their actions. They bring the punishment on themselves.

Our duty is to protect the children from abuse, period.

Thank you.

Lily Mon. Nov 30, 2009

I think it is the most disgusting thing i have ever heard that the 'community' who is meant to love and protect eachother dont want to give their children justice. I am angry that they are coughing up these horrific lies that it is a better way to do things. These people need to go to prison, people need to know who they are and what they do to children. What a shamefull example to give to their children and what a message to the victims, 'look here, we didnt love you enough to bring you the justice you deserved, instead we protected the communities reputation, and the peodophile who hurt you'. Let them know that G-d hears the intentions of their hearts and he can see the tears of children


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