Leiby's Murder Continues To Change the Frum Community

Somehow, somewhy, despite not having revealed any similar situation with Levi Aron before he murdered Leiby Kletsky, the murder of Leiby has created serious waves in the frum world, specifically in how it deals with accusations of child abuse and molestation.

In the wake, many rabbonim have spoken out reiterating their positions on the issue, the Agudah has re-released and reclarified it's official position on reporting abuse, the RCA has reaffirmed it's position on reporting abuse (below), and more.

The RCA official position on reporting abuse is:

The Rabbinical Council of America has today reaffirmed its position that those with reasonable suspicion or first hand knowledge of abuse or endangerment have a religious obligation to report that abuse to the secular legal authorities without delay. One of the unique features of Jewish law is that it imposes upon every member of the community an obligation to help others avoid danger. The biblical verse “do not stand by while your neighbor’s blood is shed" is understood by Jewish Law to mandate that one must do all in one’s power to prevent harm to others - even if monetary harm, but certainly physical harm.


Consistent with that Torah obligation, if one becomes aware of an instance of child abuse or endangerment, one is obligated to refer the matter to the secular authorities immediately, as the prohibition of mesirah (i.e., referring an allegation against a fellow Jew to government authority) does not apply in such a case.


As always where the facts are uncertain one should use common sense and consultations with experts, both lay and rabbinic, to determine how and when to report such matters to the authorities. False accusations are harmful to those falsely accused – but unreported abuse or endangerment can be life-threatening, as we have recently been tragically reminded.


In addition and as a separate matter, those within the Jewish community whom secular law deem to be “mandated reporters,” must certainly obey the particular reporting requirements, which vary from state to state in the US. A person covered by mandatory reporter laws must comply with those laws, even in a case in which Jewish law might otherwise not require a person to report such child abuse or endangerment.

This position of the RCA is different than that of Agudas Yisrael, differentiating between "mandated reporters" (not an issue in Israel, as in Israel everyone is a mandated reporter), and that if abuse is certain one must report immediately. only when uncertain should one consult with experts, be it a rav or a lay person (they say "and" but I understand the "and" as simply an explanation of who would be considered an expert - that can be an expert who is a rav and it could be an expert who is a lay person), along with using your common sense.

Since then, Kikar is reporting, the beis din in Montreal has come out with a call that people should stop hiding and covering up accusations of abuse. While not going as far as saying that accusations should be reported to the police, they did say parents, and others, should stop sweeping these issues under the carpet, but should make the children aware, instruct them how to be as safe as possible, and if they are attacked or know of someone who has been attacked they should tell someone, their parents or a rav, immediately.

Change is slow, but it is happening.