Crime and Punishment

I didn't intend for this blog to be uniquely dedicated to attacking my esteemed colleague, the Daas Torah blog. It can't resist, since he provides us all with such easy fodder.

Here's what he writes about Rav Sternbuch's psak that one should go to the police to report abuse.

One of the major objections to Rav Sternbuch’s psak regarding the police is that in some cases he would not require calling the police. There is a basic difference between the halacha and the secular law in this matter. The halacha is based on the existence of likelihood of present or future danger to the child. Therefore if there is no element of danger – the fact that a crime was committed does not always justify calling the police. In contrast the secular approach is that if there was a crime there has to be punishment. It is important to note, however, that there is no uniformity in the secular law. In America, at least, there is no legal requirement for the average citizen to call the police. American law does not require informing on others for various crimes such as tax fraud or suspected child molesting. There is a major exception for professionals. Doctors, nurse, teachers and therapists are required by law to report suspected child abuse. Thus the issue of following the law of the land versus halacha is an issue only for those that the law requires to contact the police. This is a serious issue which requires consulting with one’s own rav. My understanding is that concerning the halacha the issue is harm. If someone will likely harm a child he must be stopped even if it means being put in jail. However if there is no longer a danger to the child, the question becomes that of the likely danger to a child molester in the prison system.

1. "In contrast the secular approach is that if there was a crime there has to be punishment."

This is actually the approach of Jewish law as well. However, today, Jewish courts have absolutely no power, so they have no possibility of punishing offenders. In previous times, the Jewish courts -- or, in some cases, communal leaders, such as the 7 elders of the city -- would meet out punishment, even where the criminal was no longer a danger. The reason: to instill fear in others.

2. "American law does not require informing on others for various crimes such as tax fraud or suspected child molesting."

This is not true. Many states in the US have reporting requirements for everyone. Texas, for example, has such a requirement. This is also the law in Israel. The point is more or less moot, in any case, since invariably, a legally mandated person will most likely hear about the abuse: a parent, therapist, teacher, etc.

3. "However if there is no longer a danger to the child, the question becomes that of the likely danger to a child molester in the prison system."

This is also a moot point. What does "no longer a danger to the child" mean? We are not talking about one child; we are worried about all children. Molesters don't simply change and they will most likely strike again. To that end, both in Israel and the US, there are laws that restrict sex offenders and prevent them for comming into contact with children.