Where Halakha and Morality collide
Consider the following:
Had Yehuda Kolko been seen playing with a 10 year old girl's hair, or had a 12 year old girl told school administration that Kolko had asked her to sit beside him and hold his hand--I have no doubt that he would be promptly dismissed from any respectable position. All physical contact, even a-sexual, between men and girls older than 9 is prohibited, so there's no doubt that this behavior would be considered scandalous and unfitting for a yeshiva rebbi. Yet Kolko was repeatedly accused of molesting young boys, and the charges were dismissed by both school administration and the halakhic authority involved. Only recently has Kolko been asked to take forced leave; but remember that the leave is paid and temporary, so he hasn't yet been categorically rejected.
Is it because technically speaking there is no issur in a man fondling a boy (like negiah)? I suppose that is why the issue of mesira keeps surfacing. Since a beis din only has the capacity to enforce halakhic matters, and same-sex molestation that does not include assault is only a criminal violation, it is therefore outside the domain of the beis din and must be handed over to the secular courts.
I wonder if this twisted logic has crossed people's minds--that a mere hashkafa matter is not grave enough to allow mesira. Forgive my making these terrible presumptions, but I'm desperately trying to come to terms with the possibility that upstanding people, good Jews, parents and teachers could possibly allow for such a crime to go not only unpunished but unstopped. Again I ask, where are the leaders? Why hasn't there been an asiefa or edict issued by big rabbanim stating in non-negotiable terms that the orthodox community has zero tolerance for both the behavior and any cover-up thereof? ZERO- TOLERANCE! The least we can do is demand answers, not excuses but answers, from those in charge.
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