Saturday, May 12, 2012

In the summer of 2011, an influential rabbi came to the Brooklyn district attorney, Charles J. Hynes, with a message: his ultra-Orthodox advocacy group was instructing adherent Jews that they could report allegations of child sexual abuse to district attorneys or the police only if a rabbi first determined that the suspicions were credible

The pronouncement was a blunt challenge to Hynes’s authority. But the district attorney expressed no opposition or objection, according to the rabbi, Chaim Dovid Zwiebel. In fact, when Hynes held a Hanukkah party at his office in December 2011, he invited many ultra-Orthodox rabbis affiliated with the advocacy group, Agudath Israel of America. He even chose Rabbi Zwiebel, the group’s executive vice president, as keynote speaker at the party. Hynes has won election six times as district attorney thanks in part to support from ultra-Orthodox rabbis, who lead growing communities in neighborhoods like Borough Park and Crown Heights. But in recent years, as allegations of child sexual abuse have shaken the ultra-Orthodox Jewish community in Brooklyn, victims’ rights groups have expressed concern that he is not vigorously pursuing these cases because of his deep ties to the rabbis. Many of the rabbis consider sexual abuse accusations to be community matters best handled by rabbinical authorities, who often do not report their conclusions to the police. In 2009, as criticism of his record mounted, Hynes set up a program to reach out to ultra-Orthodox victims of child sexual abuse. Called Kol Tzedek (Voice of Justice in Hebrew), the program is intended to “ensure safety in the community and to fully support those affected by abuse,” his office said. In recent months, Hynes and his aides have said the program has contributed to an effective crackdown on child sexual abuse among ultra-Orthodox Jews, saying it had led to 95 arrests involving more than 120 victims. But Hynes has taken the highly unusual step of declining to publicize the names of defendants prosecuted under the program — even those convicted. At the same time, he continues to publicize allegations of child sexual abuse against defendants who are not ultra-Orthodox Jews. This policy of shielding defendants’ names because of their religious status is not followed by the other four district attorneys in New York City, and has rarely, if ever, been adopted by prosecutors around the country. Some sex-crime experts and former prosecutors said the policy contributed to a culture of secrecy in ultra-Orthodox communities, which made it harder to curb sexual abuse. Hynes, through a spokesman, said he would not publicize information about specific accusations because he did not want to discourage victims from coming forward. But at least one ultra-Orthodox rabbi acknowledged asking him not to publicize these cases and said other rabbis had as well. Hynes has never publicly opposed the ultra-Orthodox Jewish position that a rabbi must first determine that an accusation of child sexual abuse is valid before the authorities are notified. Hynes often describes how, growing up in the only non-Jewish family in his building in Flatbush, he spent the Jewish Sabbath turning on lights for his Orthodox neighbors, who could not perform such tasks under Jewish law. When he was the only non-Jew in a four-way Democratic primary in his failed 1994 bid for attorney general of New York State, he placed advertisements in Jewish publications signed by more than 150 Orthodox and ultra-Orthodox Jewish leaders. “I’m really the Jew in this race,” he joked to a reporter for The Jewish Week. Referring to his opponents, he said, “I probably know more Yiddish than they do combined.” Hynes’s attention to the ultra-Orthodox Jewish community has translated into votes. In 2005, when Hynes eked out a 42% to 37% victory in the Democratic primary for district attorney, he won in a landslide in several ultra-Orthodox Jewish neighborhoods. In one election district in Williamsburg that is filled with Hasidic synagogues, Hynes pulled in 84% of the vote, according to election records. Brooklyn’s highly cloistered ultra-Orthodox Jewish community — by some estimates, more than 200,000 people, the largest outside of Israel — would present challenges for any prosecutor. Informing on a fellow Jew to a secular authority is traditionally seen as a grave sin, and victims who do come forward can face intense communal intimidation to drop their cases. In part for this reason, of the roughly 1,200 cases Hynes’s sex crimes unit handles each year, few until recently involved ultra-Orthodox Jews, though experts said the rate of sexual abuse in these communities was believed to occur at the same rate as in society over all. But even when Hynes’s office did bring cases, they often ended in plea bargains that victims and their families believed were lenient. In one case in 2008, a plea deal was made with Rabbi Yehuda Kolko, a grade school teacher at a Flatbush yeshiva who had been the subject of sexual abuse complaints to rabbinical authorities for more than 30 years. In the plea deal, which at least one victim’s father opposed, Hynes reduced two felony counts of sexual abuse to a single misdemeanor charge of endangering the welfare of a child. The rabbi received three years’ probation and was not required to register as a sex offender.

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