23 Apr
Hushhhh: The Conspiracy of Silence (revised)
It is significant that this week’s Torah portions, Achrei-Mot and Kedoshim, both touch on the insidious problem of child abuse and pedophilia. Arguably, the sin against children must be universally decried as the worst sin of our age. The fact that the Torah delineates this section is indicative it has always been a problem in human society.
I came across an interesting article at the failedmessiah website today that was written by one of the most creative Orthodox rabbinic scholars today, Professor Marc B. Shapiro. I thought it would be intriguing to focus a little bit on this question, primarily because the problem continues to grow within the Haredi community.
He writes:
“…There is another theory as to why the sectarian hasidic world in particular has had so many cases of covering up and defending child sex abusers. It is that they simply do not regard these people as so terrible. The evidence for this appears obvious, in that in case of after case we see that they continue to allow sex abusers to teach and refuse to turn them over to the authorities and warn the parent body. Had they caught the rebbe eating at McDonald’s, you can be sure he would have been fired, but not so when it comes to fooling around with kids. The question is why do they have this outlook, and how come they don’t regard child sex abusers as so terrible? Here is a possible answer (which a wise person suggested). Look at where these societies get their information about human nature, the information that they regard as authentic and true. It does not come from modern psychology, but from Torah sources and folk beliefs. If you look only at traditional rabbinic literature, you won’t conclude that child sex abuse is as terrible as modern society views it. Yes, it is a sin and the person who commits it must repent as he must do with all sins, but there is nothing in the traditional literature that speaks to the great trauma suffered by the victim. How do we know about this trauma? Only from modern psychology and the testimony of the victims. Yet this type of evidence does not have much significance in the insular hasidic world (unless it is your own child who has been abused). Certainly modern psychology, which is often attacked by figures in that community, is not given much credence, especially not when they are confronted with an issur (prohibition) of mesirah (informing upon Jews to the secular authorities). This theory makes a lot of sense to me and I am curious to hear what others have to say.”
Is the professor correct?
It is written in the Mishnah: “A girl of three years and one day is betrothed (as a woman is acquired) by intercourse…if one of those forbidden to have relations with her according to the Torah does have relations with her, he is killed because of her, and she is exempt. If she is younger than that, (less than three years and a day), it is as one who sticks a finger in the eye” [1]
Maimonides similarly rules:
“When an adult male enters into relations with any of the women forbidden in connection with the above transgressions who is three years and one day old or more, he is liable for execution, koreth (“excision,” i.e., premature death or spiritual death in the hereafter) or lashes and she is not liable unless she is past majority. If she is younger than this, both participants are not liable, for the act is not considered as sexual relations.” Continue Reading

