New York – Assemblyman Hikind To Agudath Israel: Please Reconsider Position On Statute Of Limitation

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    New York – On behalf of the countless sexual abuse victims – those whose stories of personal anguish still resonate with me, and those who still have yet to come forward – I respectfully urge you to reconsider your position regarding the statute of limitations bill containing a window provision which is currently before the Legislature.

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    I assure you it is not the intention of this legislation to bankrupt or otherwise jeopardize “vital communal institutions,” for we all recognize that the existence of yeshivas and the continuity of the Jewish future are irrefutably tied. Indeed, I believe it is our very commitment to providing our children with a solid Jewish education which has sustained us as a people for generations.

    Tragically, however, many of our children, our most precious resource, have been sexually violated in a variety of contexts, and for numerous years, these victims were left without any remedy. Their pursuit of justice has, until now, been filled with endless days of shame, silence, and frustration. We are all guilty of not doing more to alleviate their suffering. You have stated that you have, “no objection to legislation designed to give victims of abuse greater recourse against perpetrators.” In this regard, we are of the same heart and mindset.

    While your concerns are valid, I implore you to reassess your decision about this bill, to take a closer look, and work toward achieving a satisfactory and equitable compromise on the one year window provision. There are potential alternatives to the bill in its present form which may be more amenable to you. Creating a cap on a litigant’s financial award or on the contingency fees collected by attorneys are just two possibilities which may prove viable.

    Achieving justice for the victims need not come about as a result of the financial demise of our greatest institutions. But neither can we forsake those who have already sacrificed far too much.


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    85 Comments
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    markmayer appel
    markmayer appel
    14 years ago

    may hashem give you strenth

    PS16
    PS16
    14 years ago

    Let them include Public Schools in the bill, why not? Why only religous schools? Let them also limit the law suits to the perpetraitors, not the institution, only then can we look at this bill again. All these new laws and regulations begin like this. First it’s a one year window and they’ll open the window for ever, why not? Does anything change next year to have that window closed. It doesn’t even make sense. It’s a switch and bait tactic that goverment always uses.

    Dov, do you want us to agree first to a bill, which has issues that are obvious, and then rely on our good goverment to make the compromises for us? No, let them amend this bill to be fair to everyone and then we can look at the bill.

    Anonymous
    Anonymous
    14 years ago

    Chillul Hashem whoever is fighting against this bill.

    confused
    confused
    14 years ago

    I don’t unerstdand. Dov is a co-sponsor of the Lopez bill. That bill does exactly what Agudath Israel wants. So is he saying one thing in Brooklyn and voting another way in Albany???

    a tax payer
    a tax payer
    14 years ago

    DOV

    Are you aware of the 90 day window in the public school system?

    Try changing that first!!!!!

    And can you please explain what GOOD will this do for klal yisroel ?

    Focus from now on!!

    Like you said you will do, stop looking back, on controversial things it will only but brakes on your good part
    Thanks

    Anonymous
    Anonymous
    14 years ago

    If it is not about the money, and just a desire to punish the monsters (including those who willfully covered up for them) then amend the bill to extend the statue only for criminal prosecution and not for lawsuits – At least not if there is no criminal conviction.

    Anonymous
    Anonymous
    14 years ago

    Positions on this bill are simple.

    You are either for the children or against the children.

    I can’t believe that the Agudah or Torah Umesorah are against the children.

    Anonymous
    Anonymous
    14 years ago

    on which side is harav hagoan reb nuchem rosenberg (RABBI ROSENBERG) ? with dov or agudahs yisroal????

    Anonymous
    Anonymous
    14 years ago

    What are the gedolim covering up. There must be more than meets the eye.

    Anonymous
    Anonymous
    14 years ago

    If the bill passes a pity on all my childhood Rebbes on whom I still keep a grudge for punishing me too often, I will make up stories on them and have them thrown into jail. Ha ha ha, the sweet smell of revenge…

    People, you get my point!

    Anonymous
    Anonymous
    14 years ago

    Remember! All politicians act to be elected/reelected, and Dov isn’t any different. You can fool some people some times, but not all the people all the time.

    Anonymous
    Anonymous
    14 years ago

    There is a very easy and mutually acceptable agreement which can be made, if Mr. Hikind is not interested in money but justice: remove the staute of limitations for the CRIMINAL prosecution of the perverts, but not for the FINANCIAL punishment of the school. If some victim’s idea of justice is suing a school into oblivion, they do not deserve justice anyways.

    PMO
    PMO
    14 years ago

    May H” give strength to Dov and every other supporter of this bill. Most importantly may H” give the victims the strength to come forward and fight for what is right. The time to end the abuse, cover-up and lying is NOW.

    Anonymous
    Anonymous
    14 years ago

    To all those who support this bill:
    Please put your money where your mouth is!
    Started paying double full tuition for each of your children so the Yeshivas will be able to possibly pay what this bill will cost.
    If you’re not willing to do this just SHUTUP!

    boruch
    boruch
    14 years ago

    Klal yisroel and Torah Jewry support our Honorable Dov Hikind. Hashem should help,we should have other sincere,honest and holy Jewish Leaders as Rav Dov.

    Anonymous
    Anonymous
    14 years ago

    There must be a law to protect rabbis from false accusations.

    Or you all agree that the more the merrier?

    Anonymous
    Anonymous
    14 years ago

    Agudah is in for a ver big shock. Many big donors are stopping thier donations to agudah, if they do not let the bill pass .

    Askupeh
    Askupeh
    14 years ago

    That’s an excellent idea, but public schools should also not be exempt from financial punishment. If this law is intended to help the victims then why are victims of public schools any worse off then victims in a yeshiva or a church?

    I think that the Agudah has made it abundantly clear why they oppose this and nobody has yet shown WHY they should reconsider, except with personal feelings and innuendo. Sympathy for the victims does not equal squashing our Yeshivas with a potentially crippling financial liability. If the city and state doesn’t like it for themselves then how can they like it for private non profit institutions? Something is wrong here.

    Anonymous
    Anonymous
    14 years ago

    20, who says public schools are not included?

    Anonymous
    Anonymous
    14 years ago

    Cover ups did not help the Catholic church and they will not help the Aguda or the Frum Velt either. It is long overdue for the mosdos to come clean and accept responsibility. It may be costly in the short run but it would be cathartic. Any Yeshiva that is so mismanaged as to not have sufficient insurance to protect against lawsuits probably has a lot of other problems as well and likely deserves to be shut down. The Aguda does not represent all gedolim, only the ones that sit on it’s Moetzes. They really do not have a right to express an opinion on this matter because they are all Nogea Badavar.

    tzvei dinim
    tzvei dinim
    14 years ago

    They’re gonna have to divide it. They’re gonna let charges to b brought on the perps, hopefully resulting in their promptly getting fired, but they won’t let the victims sue.(Besides to cover their therapy, if they’re in therapy) They/we can’t have yeshivos closing down.

    Anonymous
    Anonymous
    14 years ago

    One year is really not adequate when it comes to child molestation.

    There should be some limitation after the child is age of maturity (18)
    when he/she can make their own choices and have a mature voice of their own.

    There are many victims that stay silent into their adult years and live with the pain(may Hashem have Rachmanus and on them and console them).

    Now that molestation is in the public eye and can for the most part no longer be suppressed by the evil perpetrators.
    To wake up when your in your 30’s-40’s that you want to file a law suit against your tormentor or take down an institution for nechamah or revenge should be looked at and addressed.

    Anonymous
    Anonymous
    14 years ago

    Why should the gedolim be concerned ? As Rabbi Shafran said a few years ago that these were “tawdry tales”. It’s all the fault of the bloggers. Sexual abuse only happens to the goyim. Not from people who wear black suits and white shirts. And especially ones that wear borsilanos or dead treif animals (shtreimels) on their head.

    Why should the “gedolim” be concerned about a few hundred or a few thousand boys that were raped by their rabbis and counslers. They have to know that they are a korban for the good boys who are the real bnei torah. You know the “good boys”. The “ones” who shteig. The ones that really count. This is exactly how their perverted thought process operates !!!

    The “gedolim” knew about this Machla for many many years. They were much more concerned with text messaging and Lipa Schmeltzer then the safety (and the kedusha v’tahara) of jewish children.

    Well guess what? It’s now payback time. And in the words of a famous blogger that if the Markey bill is not passed there will be real hell to pay.Why should the “gedolim

    duvid
    duvid
    14 years ago

    Dov Hikind you are a tzadik hador. The Torah community is so PROUD of you. Chazak vameitz. Hashem loves you Dov.

    pityu
    pityu
    14 years ago

    #33 you are so right about the hundreds or thousands of boys being korban and also about the indifference of the so called gedolim i know this first hand i was molested 50 years ago and couldnt tell anyone to this day am still very angry about all the talk and no action today when it should of been resloved i am afraid that it will never be resolved this talk will go on for who knows how long they care about tottal nonsece but about the most important thing whats with this world hashem help us

    Anonymous
    Anonymous
    14 years ago

    The yeshivas and mosdos that have been enablers and have done nothing for molestation accusations deserve to be shut down. If the company you keep is guilty, you deserve to go down with that compnay; especially when it’s a yeshiva.

    Nissy
    Nissy
    14 years ago

    Punishing the criminal does not in any waymake things better for the victim despite the many angry comments above. Our hishtadlus should be in better screening of yeshiva and camp employees (although I readilly admit I don’t know how to screen a founder/owner) May we all have faith that the One above punishes evildoers (I believe that is one of the 13 principles of faith) and may bring yeshuos to the victims.

    Anonymous
    Anonymous
    14 years ago

    This is not a chillul Hashem this is a kiddush Hashem, nobody is above the law, the torah says that you must respect the law of the medina, derech eretz kadma letorah these molesters are not rabbi’s they are unfortunate people who have a problem, they are not to blame they have a sickeness.

    esther
    esther
    14 years ago

    these victims are intitled to restitution.however badly this might hit certain mosdos,even years after the molestation,it is just going to have to be the cost of putting things a small bit right.plus this will certainly send a message to all parties involved-if you cover for a child molester,there WILL be a heavy price to pay.

    mz
    mz
    14 years ago

    The Markey bill will help greatly to identify and expose molesters. There’s only one yeshiva that is really threathened with an avelanche of lawsuits – and everyone knows which one. The Agudah is plainly boldfacedly protecting that one single yeshiva with its prepostorous lame excuses. Dov Hikind stands tall in his continued efforts to expose and eradicate molestations within the frum community. The Markey bill must be supported and the Agudah, Torah Umesorah, and any other organization that fails to support the Markey bill should forfeit the support of the entire community. If one child can be saved, one life saved, the deserved loss of that known yeshiva is a price that should glady be sacrificed. Not supporting the Markey bill is not supporting our children, plain and simple.

    Frum Survivor
    Frum Survivor
    14 years ago

    I was in Albany yesterday lobbying for the Markey bill. Two issues were discussed that’s on most peoples mind. False accusation and public schools. There is always those evil people that may come up with a false accusation, which I consider worse then the protectors themselves, because they legitimize the claim that false accusations exists.

    According to the Mark bill one can only present their case in court if they are in therapy and a certified clinician documents that their symptoms may come from abuse ant the story the victim claims has merit. Which person as angry as he/she is on an old Rabbe or teacher will go through therapy and play this act and run the risks that real victims run by coming forward. A real therapist will smell a rat and if his act deserves an Oscar then he will still have to pass that with the court. I am still waiting for the one case in the Jewish community that can be said with certain that the person convicted is really innocent (excluding domestic cases).

    According to the Marky bill public schools are included in this bill. The only problem standing in the way is the “90 day notice of claim” rule. If it’s a strong case a judge can lift that rule. In addition they are working on a bill to abolish the 90 days and will be introduced right after this bill passes.

    Regarding the argument it’s all about the money. It’s very hard for you guys to really understand it, so try this. When you are in bed tonight with the lights off, you have no one to ask for advice and no one to argue with. Imagine your daughter, sister or mother being raped by the Rabbi of your shull. After that thought handle the rest of your thoughts all by yourself. I know it sounds outside the box but before you don’t try to figure how to handle this situation in the dark where there is no one to ask for help you cannot begin to imagine what a victim goes through.

    To all victims: I am working with one of the most recognized therapist on putting together a confidential support group in the Frum community. If you are a male or female victim/survivor and interested in meeting others with the same experience or if you are a survivor and you think sharing your experience may give support to others you may contact me at frumsurvivors gmail.com. If anyone has any ideas please email me. All professionals are welcome.

    Frum Survivor

    frumsurvivors gmail.com I was in Albany yesterday lobbying for the Markey bill. Two issues were discussed that’s on most peoples mind. False accusation and public schools. There is always those evil people that may come up with a false accusation, which I consider worse then the protectors themselves, because they legitimize the claim that false accusations exists.

    According to the Mark bill one can only present their case in court if they are in therapy and a certified clinician documents that their symptoms may come from abuse ant the story the victim claims has merit. Which person as angry as he/she is on an old Rabbe or teacher will go through therapy and play this act and run the risks that real victims run by coming forward. A real therapist will smell a rat and if his act deserves an Oscar then he will still have to pass that with the court. I am still waiting for the one case in the Jewish community that can be said with certain that the person convicted is really innocent (excluding domestic cases).

    According to the Marky bill public schools are included in this bill. The only problem standing in the way is the “90 day notice of claim” rule. If it’s a strong case a judge can lift that rule. In addition they are working on a bill to abolish the 90 days and will be introduced right after this bill passes.

    Regarding the argument it’s all about the money. It’s very hard for you guys to really understand it, so try this. When you are in bed tonight with the lights off, you have no one to ask for advice and no one to argue with. Imagine your daughter, sister or mother being raped by the Rabbi of your shull. After that thought handle the rest of your thoughts all by yourself. I know it sounds outside the box but before you don’t try to figure how to handle this situation in the dark where there is no one to ask for help you cannot begin to imagine what a victim goes through.

    To all victims: I am working with one of the most recognized therapist on putting together a confidential support group in the Frum community. If you are a male or female victim/survivor and interested in meeting others with the same experience or if you are a survivor and you think sharing your experience may give support to others you may contact me at frumsurvivors gmail.com. If anyone has any ideas please email me. All professionals are welcome.

    Frum Survivor

    frumsurvivors gmail.com

    Anonymous
    Anonymous
    14 years ago

    Notice that in their statement there is not one word of apology for the covering up years of abuse.

    One can never ever get an apology from Agudath Yishmael, Torah U’molesters or the Moetzet Gedolei Havantzen !

    4:06 PM, April 22, 2009

    Anonymous
    Anonymous
    14 years ago

    You are mistaken. You can read the bill on-line. The Markey bill that would open a ‘window’ of lawsuits ONLY applies to private schools. This is a clear case of the GOYIM trying to punish our yeshivas while protecting THEIR public schools. Just to be clear, this LAW is sponsored by the same CHEVRAH (Assemblywoman Markey & Senator Duane) who are the most active supporters the Gay Marriage Bill. What a coincidence! Rabossai, this is an attack on the FRUM community, plain and simple. Agudah is right. Dov is wrong.

    I agree.

    Anonymous
    Anonymous
    14 years ago

    Im very encouraged by the Agudah press release. These idiots are stating loud and clear that they stand by the institutions guilty of allowing wholesale molestation. Many of these same alter ganovim and rotzchim are very closely affiliated with the very same schools that hosted these rapists. It is only the last 2 years that the moetzes and company has let down the guard and shown its true colors for all to see. I am reminded of the maamer chazal that when one does something purely leshem shomayim “melactom naases al yedei acharim”. Rabbi Nochum Rosenberg had nothing to gain and everything to lose when he took on the establishment to battle man-boy sexual activity in the yeshivos and mikvaos. Now he is feeling vindicated and watching the very same folks who hunted him, be hunted theselves “al yedei achairem”. Kol Hakavod reb nuchem and thank you very much. The safety of the coming generations is all credited to your and Dov and UOJ’s hard work. Special kudos to VIN for courageously airing this painful situation in a mainstream forum.

    Anonymous
    Anonymous
    14 years ago

    Our Gedolim knew all along that abuse is taking place and have chosen to ignore the problem, worse they actively covered it up and threatened the victims into silence and are now actively obstructing any progress on laws that will bring justice to the victims.

    Dov Hikend is taking huge risks by taking up this issue but he is addressing an important issue our Gedolim ignored and still ignore to this very day. Dov Hikind shows true leadership.

    Our Gedolim have been very busy lately with cell phones, Lipa Schmeltzer, Wig lengths … but have helped the perpetrators of abuse and covered up for them. It is ironic that it is the secular institutions of our government that will ensure our children’s safety while our Gedolim ensured they are violated and abused

    Sherree
    Sherree
    14 years ago

    I want to make some things very clear.

    #1, Don’t worry so much about the money, its a smoke screen. Every yeshiva for the past 10-12 years is covered by a sexual molestation rider to their liability insurance policies. Anything that happened before that, I am quite sure that our very brilliant Frum legal eagles have already addressed just in case by closing corporations and opening new ones, moving money, real estate and other investments out of harms way.

    #2. We are not reinventing the wheel here. Two states have already implemented this window of opportunity and the world did not come to an end. California has quite a large frum population with quite a number of mosdos. Did anyone hear of lawsuits or bankruptcy of the Frum institutions there? Is it because they have less Frum pedophiles there or that no one actually sued?

    #3. The beauty of this one year window is that it affords a bargaining chip. “if you don’t retire this pedophile from any and all areas where he is a threat to children, I will sue him, you and everything you own….” In so doing, it opens a way to put the pedophiles out of business. If the Agudah and the mosdos are afraid of being sued, they should recommend that these pedophiles step down and retire from their positions quietly and immediately. And the experts at the Agudah should find a retirement camp they can all go to for life.

    #4. These pedophiles frum as they appear to be are desecrating the Sheva Mitzvos B’nei Noach and don’t deserve the honor and respect the Agudah and the Motzos Gedolos are giving them. If they would see a yid eat treif they would yell and scream and grab it out of their hands. However, knowing how these people have shamed and disgraced the Eibishter no matter how many other kind and just acts they did, it is unconscionable how they keep hiding and protecting them instead of their innocent victims, the future of K’lal Yisroel.

    #5. Lastly the guidelines to insure false accusations are very clear as it follows those of the California and Delaware bills. In order for a lawsuit to move forward through the court it would need a “certificate of merit” from a qualified mental professional. So no, anyone who decided to sue his old Rebbe because he insulted him or he disliked him would have a really tough time convincing a qualified mental professional that he was abused and his life was destroyed because of it.

    I hope you can all see the truth behind the Agudah’s statement. They are standing firm on protecting he pedophiles as they always have.

    Frederic C. Schultz, Esq.
    Frederic C. Schultz, Esq.
    14 years ago

    Having donated the money to start the Academy for Jewish Religion of CA, the only Rabbinical and Cantorial Yeshiva west of the Hudson I believe, I can assure you I care greatly about preserving Judaism and Jewish learning. However, I also care about Tikkun Olam (HEALING THE WORLD AND BRINGING MOSHIACH!). And we have just finished the Torah portion a few weeks ago about “An eye for an eye..”, etc. which has always been interpreted to mean that injury must be compensated by money. Whatever amount a jury decides is adequate and proper. And usually, sadly, the yeshivas in question here covered up complaints for years and let rabbis teach as parents and students complained year after year of sexual abuse. That is why they are liable. And capping the amount of the award is just wrong, to the survivors, and to the teams of attorneys who will work on each case for years. And capping attorney fees could very well give the yeshivas the ability to drag these cases on for years and years, making the attorneys work for years for nothing. Dov is wrong: capping jury awards is capping justice. If the yeshivas are not guilty, they will not have to pay anything. If they are guilty, they will. Sadly, many are very guilty. But most of the schools will survive. And new ones will spring up to replace those that allowed our children to be molested and raped and threw out the children from school who complained, or told them to shut up if they want to stay in school. Dov is very wrong. Capping awards is capping justice, no matter how egregious the crime and no matter how horrifying the cover-ups that allowed countless more children to be abused. Enough already!! Let’s get rid of these evil teachers and punish the schools and administrators who protected them. Then future Jewish parents like myself will feel safe to send our children to these yeshivas. That is really why I am fighting these cases: to SAVE JUDAISM, NOT DESTROY IT! SHALOM!! MAKE THE MOLESTERS AND THOSE WHO PROTECTED THEM PAY, WHATEVER A JURY DECIDES!!!

    Frederic C. Schultz
    Frederic C. Schultz
    14 years ago

    I forgot to mention: attorney fees in NY ARE capped at 33% of an award (50% is common in CA)!! That is only what the attorneys get paid IF WE WIN. (If we lose, we get nothing.) This is more than fair, especially for cases that can go on for years and entail working thousands of hours by teams of attorneys, and involve countless court appearances. Shalom! Baruch Hashem!

    Concert Goer
    Concert Goer
    14 years ago

    The rabbis are more concerned with Lipa, ‘kosher cell phones’, and pizza shops. They don’t have time for nonsense like this.

    Shael Siegel
    Shael Siegel
    14 years ago

    Agudas Israel – It’s Finest Moment

    I have never been a fan of Agudas Israel or for that matter any of the organizations representing one particular brand of Judaism or another. They all have the same common denominator, the one that they share with political parties whether in the United States, Israel or any other place on planet earth. They are out for themselves.

    In most instances it didn’t start out that way. When their political parties or organizations were just starting out undoubtedly they were committed to the proposition that they existed in order to further, protect or promote the needs of their constituency. Once the organization grows it takes on a life of its own committed no longer to the constituents but to the organization. With this growth the organization needs revenue in order to pay their overhead which always is heavily padded with exorbitant salaries and benefits for their executive management. And they have to grow. Organizations by definition must grow – it is an organism and all organisms grow, morph or die. So they build institutions to promote their cause taking on more liability and exposure always on the vanguard for means and methods of furthering the organizations interests and growth. As the organization matures the realization sets in that somewhere along the line they forgot why it was that they formed themselves into an organization in the first place. Their constituents no longer matter – they take a second place, a back seat to the greater good of the party – or in this case the organization. Usually this doesn’t happen until something traumatic shakes them out of their euphoric sense of self importance.

    In this particular instance Agudas Israel has been traumatized by the exposure of sexual abuse and pedophilia which they knowingly enabled by turning a blind eye until they were no longer allowed to avoid the issue. Agudas Israel’s concerned with public image and damage control has said and done all the right things and did so with great dignity aplomb and humility as long as it didn’t cost them anything. As soon as the possibility emerged that their may be some potential liability to their organization or institutions they support or are in some way connected to, they changed their strategy and sense of duty to their public. Now all of a sudden they are deeply concerned about the negative financial liability this new legislation may have on their institutions.

    Agudas Israel’s concerns lay with the “institutions” and the “communities”, but not with those who people those institutions and communities. Had Agudas Israel been genuinely concerned and committed to those they serve and represent they would have rooted out the problem decades ago, saving the lives of young people from a living hell that has no respite. They were aware of the problem of pedophilia decades ago. It was their business to be aware of the problem. Any institution, private or public that employ people, or provide services have the legal and moral responsibility to watch out for the mental and physical safety of those in their charge. There is no excuse for pedophilia or any other form of sexual abuse in the work place, school, yeshiva, period.

    It is therefore disingenuous for Agudas Israel to now show concern for the exposure this new proposed legislation may have on their institutions. Who cares. If those institutions are forced to close down as a result of judgements against them, it was probably deserved. Their concern that if some of their institutions aren’t able to handle the financial stress and are forced to close down and those people in need of those services will be deficient is hollow. Also, the concern isn’t real. Those who relied on those institutions will find alternatives and probably better ones.

    This proposed legislation will actually be good for Agudas Israel. It will force them as it will all other organizations to run a “tight ship”. It means that they will be held accountable, and accountability isn’t cheap. It means that saying “sorry and it will never happen again” just doesn’t cut it. Too many precious lives were unnecessarily wasted. Accountability means that you have to pay – pay until it hurts.

    Unfortunately money is the only language that people understand. It is the only language that Agudas Israel understands. This new legislation will remind the leadership of Agudas Israel that their organization doesn’t come first, their constituents do. Their constituents will be reminded of the fact that they no longer take a back seat to the klei kodesh – on the contrary, their precious children are what their institutions are all about.