Royal Commission hears Yeshivah rabbi wants repentant Jewish paedophiles treated leniently
ABC
Samantha Donovan
9 February 2015
Transcript
MARK COLVIN: An orthodox rabbi has told the child sex abuse Royal Commission that Jewish paedophiles who have repented for old crimes under Jewish law should be treated with leniency and not jailed for long periods.
Rabbi Yosef Feldman told the royal commission that he publicly supported rabbinical statements that child sex abuse allegations should be reported to police.
But personally, he would prefer that Australian law was changed so that Jews were first required to get their rabbi's advice before going to police.
Samantha Donovan reports.
SAMANTHA DONOVAN: In 2011, allegations of child sex abuse triggered a furore in Australia's orthodox Jewish Chabad community.
The royal commission has heard rabbis debated whether the concept of Mesirah applied in such cases, meaning a Jew couldn't report allegations against a fellow Jew, without the permission of a rabbi.
In his second day on the stand at the royal commission, Rabbi Yosef Feldman gave evidence that in his role as the president of the New South Wales Rabbinical Council at the time, he supported statements urging people to go to the police.
But he said he personally believed a public statement was unnecessary as media "hype" sometimes encourages people to go to the police with false allegations and that was "bad for the Jews".
YOSEF FELDMAN: The reality is I make the whole issue of child abuse and it encourages people to accuse people of child abuse when they're really… to be accused when they're really innocent. And that's why my view is even though the (inaudible) correct but it has to be done in a measured way not to encourage people who are frauds in that regard.
SAMANTHA DONOVAN: Rabbi Yosef Feldman has given evidence to the commission that he was a friend of two men convicted of child sex offences - David Cyprys and Daniel Hayman.
He gave evidence that he would prefer the Australian law be amended so that a Jewish paedophile who had repented and who hadn't offended for a long time not face a jail sentence.
Royal commissioner Jennifer Coate asked Rabbi Feldman to explain how he would like to see the law changed.
YOSEF FELDMAN: I would be asking, there should be a lot more leniency on people who have shown that they haven't… that they haven't offended in the last 20 or decades ago and they have psychological analyses that that is the case, because in Jewish law children repentance is a great thing and even for victims knowing that repentance is a big thing even for them themselves they will understand in many instances how repentance - a main point is for people to stop being paedophiles and if they did so that's a great thing and we should respect that.
JENNIFER COATE: What should the effect of repentance be?
YOSEF FELDMAN: The effect of repentance will be to encourage other paedophiles to repent because they'll see that when you repent you do the right thing, you don't - won’t get mistreated badly and not considered… it's not the end of the world… end of the life.
I know a few paedophiles who've been suspected and they committed suicide. But when people see that you can, when you repent and when you're not acting anymore then you're treated not like a pariah like the scum of the earth like everyone looks, wants to look at the paedophiles - that's it.
SAMANTHA DONOVAN: Yosef Feldman also gave evidence that in 2013, he rang and then emailed a sex abuse victim of his friend Daniel Hayman. He asked the man what had made him report his allegations to police and would he "get healing" if Hayman were jailed.
Rabbi Feldman told the commission he was unaware it was against the law to contact victims, and in retrospect it may have been "a bit insensitive".
He gave evidence that as Hayman's court date approached he emailed him saying "may God grant you victory in all respects."
Last year Hayman was given a 19 month suspended sentence for his sexual assault of a 14-year-old boy.
He was sentenced under 1980s law, but the magistrate said he would not have hesitated sending him to jail if he were sentencing him under current law.
Rabbi Feldman gave evidence to the royal commission he was pleased Hayman hadn't been jailed.
YOSEF FELDMAN: I mean the reality is that I wasn't happy about it, him ending up in jail. Someone is not (inaudible) ending up in jail for many years or is it just a situation where we punish someone for what they did 40 years ago even though they've changed totally, they're not a threat to society and everything else.
Of course according to law you're supposed to and I never said it shouldn't be done according to law but I'm certainly not happy about it. I'm not happy about it, and I've said this again and again, I don't know why it's an issue.
SAMANTHA DONOVAN: The royal commission hearings continue in Melbourne tomorrow.
MARK COLVIN: Samantha Donovan.
Originally published at ABC.
MARK COLVIN: An orthodox rabbi has told the child sex abuse Royal Commission that Jewish paedophiles who have repented for old crimes under Jewish law should be treated with leniency and not jailed for long periods.
Rabbi Yosef Feldman told the royal commission that he publicly supported rabbinical statements that child sex abuse allegations should be reported to police.
But personally, he would prefer that Australian law was changed so that Jews were first required to get their rabbi's advice before going to police.
Samantha Donovan reports.
SAMANTHA DONOVAN: In 2011, allegations of child sex abuse triggered a furore in Australia's orthodox Jewish Chabad community.
The royal commission has heard rabbis debated whether the concept of Mesirah applied in such cases, meaning a Jew couldn't report allegations against a fellow Jew, without the permission of a rabbi.
In his second day on the stand at the royal commission, Rabbi Yosef Feldman gave evidence that in his role as the president of the New South Wales Rabbinical Council at the time, he supported statements urging people to go to the police.
But he said he personally believed a public statement was unnecessary as media "hype" sometimes encourages people to go to the police with false allegations and that was "bad for the Jews".
YOSEF FELDMAN: The reality is I make the whole issue of child abuse and it encourages people to accuse people of child abuse when they're really… to be accused when they're really innocent. And that's why my view is even though the (inaudible) correct but it has to be done in a measured way not to encourage people who are frauds in that regard.
SAMANTHA DONOVAN: Rabbi Yosef Feldman has given evidence to the commission that he was a friend of two men convicted of child sex offences - David Cyprys and Daniel Hayman.
He gave evidence that he would prefer the Australian law be amended so that a Jewish paedophile who had repented and who hadn't offended for a long time not face a jail sentence.
Royal commissioner Jennifer Coate asked Rabbi Feldman to explain how he would like to see the law changed.
YOSEF FELDMAN: I would be asking, there should be a lot more leniency on people who have shown that they haven't… that they haven't offended in the last 20 or decades ago and they have psychological analyses that that is the case, because in Jewish law children repentance is a great thing and even for victims knowing that repentance is a big thing even for them themselves they will understand in many instances how repentance - a main point is for people to stop being paedophiles and if they did so that's a great thing and we should respect that.
JENNIFER COATE: What should the effect of repentance be?
YOSEF FELDMAN: The effect of repentance will be to encourage other paedophiles to repent because they'll see that when you repent you do the right thing, you don't - won’t get mistreated badly and not considered… it's not the end of the world… end of the life.
I know a few paedophiles who've been suspected and they committed suicide. But when people see that you can, when you repent and when you're not acting anymore then you're treated not like a pariah like the scum of the earth like everyone looks, wants to look at the paedophiles - that's it.
SAMANTHA DONOVAN: Yosef Feldman also gave evidence that in 2013, he rang and then emailed a sex abuse victim of his friend Daniel Hayman. He asked the man what had made him report his allegations to police and would he "get healing" if Hayman were jailed.
Rabbi Feldman told the commission he was unaware it was against the law to contact victims, and in retrospect it may have been "a bit insensitive".
He gave evidence that as Hayman's court date approached he emailed him saying "may God grant you victory in all respects."
Last year Hayman was given a 19 month suspended sentence for his sexual assault of a 14-year-old boy.
He was sentenced under 1980s law, but the magistrate said he would not have hesitated sending him to jail if he were sentencing him under current law.
Rabbi Feldman gave evidence to the royal commission he was pleased Hayman hadn't been jailed.
YOSEF FELDMAN: I mean the reality is that I wasn't happy about it, him ending up in jail. Someone is not (inaudible) ending up in jail for many years or is it just a situation where we punish someone for what they did 40 years ago even though they've changed totally, they're not a threat to society and everything else.
Of course according to law you're supposed to and I never said it shouldn't be done according to law but I'm certainly not happy about it. I'm not happy about it, and I've said this again and again, I don't know why it's an issue.
SAMANTHA DONOVAN: The royal commission hearings continue in Melbourne tomorrow.
MARK COLVIN: Samantha Donovan.
Originally published at ABC.