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Let the System Work
by Rabbi Yakov Horowitz, Elliot Pasik
This article orignally appeared in The Jewish Press

  Rated by 16 users   |   Viewed 1126 times since 7/9/09   |   13 Comments
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7/9/09

(Rabbi Horowitz's thoughts appear first, in regular font, and Mr. Pasik's follow in italics.)

There is an important "take-away" lesson to be learned from the case of a frum storeowner in Queens who pleaded guilty in Criminal Court to molesting a young boy several years ago - namely, that the legal system works.

My involvement began a few months ago, when a young man told me he'd been molested by the part-owner of a bakery in the Kew Gardens area. His story was credible and I introduced him and his parents to attorney Elliot Pasik. Together, we accompanied the victim and his parents to the police and the Queens DA's office.

The system worked.

The molester was arrested and retained counsel. Not long after, he admitted in open court to the crime of which he was accused. The Va'ad (Board of Rabbis) of Queens was magnificent, fully supporting the efforts of the victim and his parents - on many levels. They attended court when the molester pleaded guilty, and immediately acted thereafter to remove him from ownership and employment in the store.

At the victim's request, I was present in court at the sentencing when he spoke softly but firmly, telling the court and his molester how terribly the abuse had affected him.

The molester is now under the very strict watchful eye of the DA's office and his treatments will be carefully supervised. He was also informed that he will face immediate jail time and have the benefits of his plea removed should he not fully comply with every part of his treatment and supervision, or if he makes any attempt to contact the victim or his family.

Why did I encourage the victim to present his claim to the DA? Because an active molester presents a clear and present danger to children and I do not have the capacity to protect future victims - nor does anyone else other than the authorities. Over the past few decades, many well-intentioned people thought they could "Keep an eye on," or "really warn" predators and stop them from harming future victims. Sadly, we know this does not work.

Was I worried that an innocent man would have his life ruined if it turned out the entire story was fabricated? Of course I was. But due process was followed and there was no publicity at all until the perpetrator admitted his guilt. Additionally, there are reliable, well-established psychological tests the accused individual could have taken to prove his innocence. Rather, he chose to plead guilty and take a reduced sentence.

By now, having worked with and done my best to comfort countless abuse victims, I can often pick out the haunted eyes of a molested child among a roomful of people. In fact, the first time I met this victim, I had not been informed that he had been abused. It was only when I looked in his eyes that I had that sense.

Well, those eyes were clear and bright when I met him a week after the court hearing. He spoke about his future and the things he would like to do to get back on track. When I remarked to him that he looked so good, he told me he felt like an enormous weight had been lifted off his shoulders the moment he finished his statement in court and realized the molester has been punished and would be entering treatment.

"Rabbi," he said, "I thought the pain would never go away."

It did - but only because the system worked. And now our children are safer as a result.

In the past few weeks, three members of our community have been convicted of crimes against children. The Queens case, in which I worked with Rabbi Horowitz in assisting the victim, resulted in a plea of guilty. There were also two cases in Brooklyn. One involved a man who attempted to abduct a young Hispanic-American girl; he was convicted by a jury. The other involved a bar-mitzvah tutor who opted for a judge-only trial; he was convicted of abusing two students.

Meanwhile, I tuned in to Assemblyman Dov Hikind's radio show and learned that a registered sex offender in Boro Park had been re-arrested on charges of molesting a child in a synagogue.

Rabbi Horowitz writes, "The system worked." To this I add - the system will continue to work in the future.

In these and similar cases, the convicted defendants will be left with a permanent, indelible criminal record. For as long as these men live, that record will follow them around in every endeavor - employment, housing, education, etc. With a few simple keystrokes in our age of Google, our government's criminal record system will keep not thousands but millions of children much safer.

Neither we nor any other American religious community can remotely lay claim to such a system. As Israelis say when referring to the wars they've fought, "ein breira" - there is no other choice. The Queens bakery case is but another example of the system working and our community turning the corner. The case highlights the essential lesson that predators need to be reported to the authorities for the benefit of those victimized and for our community at large.

Yasher koach to all of the "former" victims. You're no longer victims. You're empowered, and you persevered - for yourselves and all of us. Your future is bright and glorious, and may Hashem bless you all.

Rabbi Yakov Horowitz, whose parsha and parenting columns appear regularly in The Jewish Press, is founder and dean of Yeshiva Darchei Noam and founder and director of Agudath Israel's Project Y.E.S.

Elliot Pasik is a lawyer in private practice and president of the Jewish Board of Advocates for Children (www.jewishadvocates.org). He can be contacted at efpasik@aol.com.



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1. Yasher Koach, Eliot Pasik     7/11/09 - 7:43 PM
Moshe P. Mann - Migdal HaEmek - moshem1@sce.ac.il

A groise shkoyach to you Eliot Pasik! I've always been a big fan of yours, and this is one more accomplishment to boot! Keep up the good work busting pervs!


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2. Why?     7/12/09 - 6:41 AM
Anonymous

What makes a person molest children?


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3. No possible answer     7/12/09 - 8:00 PM
gregaaron - kugelfresser6@yahoo.com

To the one who asked what makes someone want to do this -

There can be several different reasons. Some people are just really desparate, to the point where they take whatever they can get. These people hate what they are doing, and they think it's disgusting (in fact, before they themselves fell into it they probably couldn't understand why someone would either), and afterwards they don't know why they did it. But then there are some who b'davka go after kids, and those are even more dangerous. The same way someone from an alien planet could never understand why human males are attracted to human females, regular people can't understand what would make someone else attracted to kids this way.

(I've written college papers on this and am still looking for more info; if anyone knows of any resources please let me know!)

On the article itself, btw, great job balancing the need to get these people off the streets with the risk of hurting an innocent person needlessly...


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4. to # 3     7/13/09 - 12:40 AM
m.l.

is it not true that most of these ped. were s. abused themselves as children ?


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5. 4     7/13/09 - 1:52 AM
Anonymous

No. Abuse victims may have an increased risk of developing into abusers, but the reverse is false--most abuse victims do not wind up perpretrating sexual molestation. Other factors that converge with childhood experiences of sexual exploitation to cultivate pedophelic tendencies in adulthood include, a household propensity to aggression and violence as well as patterns of parental neglect.

So you see, it is not simple to mess up on so many factors that one's child evolves into a molestor, but some homes are dysfunctional enough to achieve the miraculous!


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6. re offenders     7/13/09 - 2:01 AM
Very Concerned Neighbor

I'm still in my research stage but from written info and live interviews with professionals the concensus seems to be that a significant majority of child molesters were molested as children. HOWEVER they represent a very tiny percentage of children who have been molested, which means that only a very small percentage of molested children will go on to become molesters.

Interestingly, another risk factor cited by the professionals I've been speaking with (obviously there exists a complex interplay of multiple factors in the development of any one child molester) is TOO LITTLE HEALTHY PHYSICAL AFFECTION in childhood.

There are lots of helpful resources on the internet, and I've certainly found Dr. Twerski and Dr. Lipner to be invaluable professional resources on this topic.


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7.     7/13/09 - 12:15 PM
mon-nyc

i never took a psych course (so take w/ several grains of salt), but i think that any form of this behavior is the need for a person to have power/control over another person.

Any situation where the strong intentionally dominate the weak (ie: Adults dominating children -- who are smaller in stature, physically weaker, naiive in worldly matters)is an indication that the 'stronger' are really not strong, or don't perceive themselves as such, and therefore attempt to overpower those who they 'know' they will overcome, in order to get the feeling of 'winning'. Most people will not attempt to do something physically to a person who looks like Arnold Schwartzenegger -- they would be sure to lose.

whether these people do this because it happened to them as a child, and they felt powerless, and feel the need to re-establish that power to change history(as if it were possible) may explain it, but never excuses it.


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8. To #4,5,6,7     7/13/09 - 5:01 PM
gregaaron

Published research studies have anywhere between 40-80% of all molestors having been molested themselves. So it does make a difference; however, it is not at all an automatic reaction that anyone molested will go ahead and do it himself. It just increases the odds.


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9. Here's the statistics that are frequently quoted by the professionals     7/13/09 - 5:16 PM
Statistician

"Estimates of the prevalence of childhood sexual abuse among identified adult sexual offenders vary greatly (Stirpe & Stermac, 2003). However, childhood sexual abuse appears to be present at a higher rate in sexual offenders than in community samples of adult males. Craissati and McClurg (1996) found that approximately 50% of convicted child sexual abusers were themselves sexually abused. Romano and DeLuca (1997) repotted that an average of 28% of sexual offenders had histories of sexual abuse, compared with only 15.5% found in community samples of adult males. Because sexual abuse is a frequently cited factor for becoming a sexual offender later in life (Conte, Berliner, & Schuerman, 1986; Salter et al. 2003), it is important to examine the relationship between a history of sexual abuse experiences and perpetration of sexual abuse."


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10. Stats and risk factors     7/13/09 - 11:41 PM
Asher Lipner, Ph.D.

Studies show that surviving physical abuse is an even higher risk factor for an individual growing up to be a sex offender than surviving sexual abuse.


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11. Hi, Moshe     7/14/09 - 6:33 PM
Elliot Pasik - Long Beach, NY - efpasik@aol.com

Thanks for the chizuk, Moshe!


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12. Unpersuasive     7/17/09 - 11:40 AM
Still Very Concerned

If this post is another attempt by Rabbi Horowitz -- a Nogea BaDavar as the founder and dean of a Yeshiva -- to convince us that we do not need new laws like Markey, sorry.

There is an obvious major difference between the cases of Hedyotim and Rabbonim/Mechanchim who are alleged abusers. Although the Olam may be willing to report and the victims may be willing to testify in the former case, there is an implied stigma in our community when the alleged perpetrator is a Rav, Mechanech, or employee of a Yeshiva.

Only by holding the Mosdos accountable and in suspending the "statute of limitations", as in Markey or similar proposed legislation, can we make significant progress in solving this very serious, chronic problem.


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13. CALL 9.1.1     7/20/09 - 2:33 PM
Askanim - Chicago

WE APPLAUD THE FAMILY IN LAKEWOOD WHO CAME FORWARD AND TOLD THE POLICE ABOUT ABUSE.

THIS RESULTED IN AN ARREST AND MULTIPLE CHARGES TODAY.

KEEP UP THE GOOD WORK, AND WE WILL UPROOT ALL WHO ACT ON THEIR SICK IMPULSES.


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14. is the system working?     11/27/09 - 12:57 AM
Anonymous

You reported that a man was REARRESTED after molesting a child in a synagogue. How is the system working if people are let back on the streets to continue their crimes? Truly the only solution that would prevent any further victims would be to castrate the perpetrators. If there is a halachically acceptable permanent solution, I'd like to hear it.

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