Breaking the code of silence
Yehudit Shilat, director of Forum Takana, doesn't usually
get phone calls in the middle of the night. Last week was different, as the
suicide of celebrated ultra-Orthodox author Chaim Walder produced a torrent of
calls.
Walder, 53, a popular ultra-Orthodox educator, counselor,
and children's author with 80 books to his name, took his own life after he was
accused last month of sexually abusing dozens of women and children. On Sunday,
a private ultra-Orthodox rabbinical court that deals with sexual abuse cases
within the community, confirmed it had heard 22 testimonies from individuals
alleging they were abused by Walder, who denied any wrongdoing.
His suicide shocked the Haredi community, but leading
ultra-Orthodox figures and most of the community's major media outlets
downplayed the allegations of sexual abuse against him in their extensive
obituaries and did their best to skirt the issue of suicide as well.
Shilat, who says she was not surprised by the allegations
brought against the famed author, believes that if not for the Haredi
community's infamous code of silence regarding abuse in general and sexual
abuse in particular, Walder's actions – and perhaps his suicide – could have
been prevented.
Rumors about Walder's actions were circulating for years,
she told Israel Hayom, but Forum Takana had no points of interface with the
incidents.
"We can only regret what happened to his victims and
what happened to him," said Shilat, adding that in recent years there have
been appeals from ultra-Orthodox elements to her, in an attempt to establish a
Haredi equivalent of Takana.
"It hasn't happened because their principles are
different from ours," she explained. They [Haredi men] find it difficult
to sit together and listen to women while for us it's a matter of principle.
Cooperation with external elements is also an issue for them. A community needs
to be mature in certain ways to create a move that encompasses all the
ultra-Orthodox sects.
"I can only assume that were there such early
organization, it would have been possible to prevent these acts and perhaps
also Walder's desperate act."
Q: Ostensibly, Walder admitted his actions, didn't he?
Suicide is not a denial, even if he professed his innocence in the letter he
left.
"I do not know. In his case, suicide could have derived
from a sense of hopelessness and the thought that there is no way he could
withstand what was going to happen. I'm worried by the fact that public figures
eulogized him with such honor. It's a tragedy. It's automatic because they
still probably don't know how to react – it's an unexpected event and a person
of whom it was hard to believe would do these things.
"I'm angry when Haredi teachers tell children they cannot
'speak ill' [of their attackers]. It hints that complaining [over sexual abuse]
is prohibited, and these students know they Halachic ban on slander and know
what it means," Shilat says.
"It sets back educational actions taken in these
schools that teach children that you have to share. Children who have been
taught to protect themselves and all of a sudden are told that it's slander and
they will 'have no place in the afterlife' – they need to learn all over again
what is and isn't slander. The Haredi community will have to rectify
that."
Q: Will an entity that assumes responsibility for abuse
issues be formed after that happens?
"When we started in 2003 we had no experience. Now, the
Haredi community is in a position to do it much better than us."
Forum Takana ("redemption") was formed in 2003
with the aim of discreetly resolving complaints about sexual harassment or
abuse by authority figures in the religious Zionist sector. Sexual harassment
is a crime, but given that it is often committed without witnesses, and given
victims' wariness of coming forwards – something that is doubly true in
religious communities – only a small portion of the cases are reported to the
police.
The organization's website states that it was
"established by Torah scholars, educators, law professionals, and
therapists with the goal of preventing sexual abuse by those with authority and
standing in the religious society.
"The purpose of the Forum is to create another way of
treating complaints of sexual harassment that do not reach law enforcement and
legal authorities. The Forum also works to raise awareness of sexual abuse
among educators and public figures with authority and standing. All this in
order to eradicate the evil from our midst and save the oppressed from the
oppressor."
Shilat stresses that the organization is not an alternative
to law enforcement, rather one seeking to deal with complaints that were not
filed with the police or are not of a criminal nature.
The Forum works in collaboration with the Attorney General's
Office and consults with the AG regarding complicated cases it encounters
Q: The purpose of the Forum is to enable religious people to
complain about rabbis and religious educators who perform acts that verge on
sexual misconduct or are actual sexual abuse. Reaching out to a panel of
reputable religious people seems less stressful than filing a police complaint.
"We are here because the criminal procedure is
difficult and requires resilience and maturity. By the time it [a trial] takes
place years can go by in which the offender can continue to inflict harm. We
need an intermediate stage in which the offender's ability is curtailed and
this happens when the Forum informs him that if he does not cease his actions,
things will be published and people will be made aware to be wary of him."
Q: Isn't it best to just file a police complaint?
"Not every complaint to the police leads to a criminal
trial. We need evidence and the laws of evidence are not simple when it comes
to sexual offenses because these acts take place in secret, and if there is no
forensic evidence or witnesses – it's a problem. A case can be closed for lack
of evidence and not lack of guilt and then people think you destroyed a person's
reputation for nothing.
"We do not hold criminal proceedings or put people in
jail. Our laws of evidence are more flexible and require less mental strength
on the part of a complainant. For us, it's enough that someone violated the
halachic norms. We suffice with testimonies from both sides and our attempt to
decipher who is telling the truth."
Q: Does Forum Takana have "teeth"?
"We don't. We transfer the responsibility to the
employer. We inform him that he is employing a person who has the potential to
do harm and make sure he is not in the field and does not violate the Forum's
regulations.
Takana, she stressed, "Doesn't deal with all sex
offenders – only those with authority figures and educators. An offender could
be expelled from the [religious educational] system and get a job at a
supermarket and we won't know about it. We want to clean up the educational and
rabbinical system."
Forum Takana's operations will soon enter their third decade
and Shilat says the changes that have taken place in the national-religious
sector are far-reaching.
"No one says it's impossible anymore," she says of
sexual misconduct in the community. "Everyone knows it happens. And there
is no such thing as not believing [the victims]. Sometimes it's hard to accept,
but the majority have left the irrelevant place of silence and denial
behind."
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