Neville:
I am far more interested in the across the board reporting to authorities and the expansion of programs to protect our children. However, I have a strong issue with the Markey bill, and it is based on the focus. The way it was proposed several times was designed to punish, not protect, not deter. That doesn’t sit well. I have no reason to protect a perpetrator,, and I sincerely believe there is no better place for one than in prison. I am not an advocate of less than life sentences for molesters. But the open season on yeshivos misses the point completely.
Firstly, the bad apples, whether faculty, menahalim, administrators, are probably long gone and replaced. We don’t know if past misdeeds and neglect (cover ups) were part of the reason for their no longer being in the employ of the yeshiva. But there should be personal liability for them, not the collective punishment of the yeshiva.
Secondly, the system believes anyone that claims victimization. The burden of proof is far less in this realm of crime, and this is also an issue. I grant that these crimes are generally committed away from spectators, and actual witness of the event is close to never. But the usual proof is the diagnosis of trauma symptoms, and this doesn’t implicate the perpetrator. Only the word of the victim. I actually know a case where someone was chased out of a career in chinuch, who was an excellent rebbe. The basis was the report of a child with trauma symptoms. A parent nailed this rebbe. The parent later recanted, with irreparable damage done. It turned out that the child had been victimized the year prior by someone else.
I support increasing the statute of limitations. Trauma often does not surface within the time allotted for court action. But the reality is that the longer time that passes shrinks the available testimony or evidence. And that needs to be tightened so that we are not just shooting at anyone. Until Markey does that, I vote with my feet to the ballot box to trash the bill.