New York – Joint Statement from Agudath Israel and Torah Umesorah‏ Regarding Statutes of Limitations For Civil Claims

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    New York – Agudath Israel of America and Torah Umesorah – The National Society for Hebrew Day Schools, upon consultation with their respective rabbinic leaderships, respectfully submit this statement regarding legislative proposals to amend existing statutes of limitations for civil claims, including claims against schools and other communal institutions, based on allegations of child sexual abuse. We do so only after much serious thought, after weighing all relevant arguments and for the sole purpose of protecting the most fundamental interests of our community.

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    Agudath Israel and Torah Umesorah fully acknowledge the horror of child sexual abuse and the devastating long-term scars it all too often creates. Our rabbinic and lay leaderships are acutely aware of the emotional trauma and damage caused by the perpetrators of such abuse. Our hearts go out to their victims, and we share in their pain. We realize that for too long many victims have suffered alone. We are committed as a community to do whatever we can to root out perpetrators of child abuse from our schools and other communal institutions, and to help victims on the road to healing and recovery.

    Indeed, in recent years, as awareness has increased and sensitivity has been heightened regarding the incidence of sexual abuse and its severity, both in the broader society around us and in our community specifically, Agudath Israel and Torah Umesorah have taken a number of concrete steps to help ensure that Jewish schools, extra-curricular youth programs and summer camps implement policies and procedures designed to protect children against such abuse. Our organizations have also supported legislative efforts to furnish such protection, including the recently enacted legislation in New York authorizing nonpublic schools to screen all prospective employees through the state’s fingerprint checking system.

    With respect to the proposed amendments to existing statutes of limitations, Agudath Israel and Torah Umesorah fully understand that the trauma of abuse is often so great that young adults may not be emotionally prepared to file claims against their abusers within the traditional limitations period. Strict adherence to the existing statutes of limitations could thus operate to preclude certain legitimate claims and protect perpetrators of abuse. Our organizations would therefore have no objection to legislation designed to give victims of abuse greater recourse against perpetrators. Nor would we object to extending statutes of limitations for criminal proceedings against perpetrators.

    What Agudath Israel and Torah Umesorah must object to, however, is legislation that could literally destroy schools, houses of worship that sponsor youth programs, summer camps and other institutions that are the very lifeblood of our community.

    To take perhaps the most problematic example of such legislation, bills have been introduced in New York and other states that would create a one year window during which any civil claim based upon child sexual abuse could be brought, even against schools and other communal institutions, regardless of how long ago the incident is alleged to have taken place. One could envision a scenario in which a senior citizen might choose to bring a claim against a school for an incident that allegedly occurred over half-a-century ago when the claimant was a child. The fact that the alleged perpetrator may have passed on, or that the administration of the school may have changed several times since the alleged abuse, or that the school no longer has any records or insurance policies dating back to the time the abuse allegedly occurred, or even any records of the individual ever having attended the school, would be of no moment whatsoever under the proposed bill. The current school administration, entirely ignorant of what may or may not have occurred so many years ago, would be forced to defend the school in a court of law, incur the high expenses of legal fees and diversion of human resources, and face potentially crippling financial liability.

    It is important to recognize that Jewish schools are independent entities supported wholly by parental tuition and fundraising. Therefore, the burden of litigation expense or legal liability for ancient claims would fall squarely on an entirely innocent group – the current parent body. Needless to say, in today’s perilous financial climate, as many parents are unable to meet even their basic tuition obligations and schools struggle to remain fiscally viable, this burden would be extremely difficult to bear, and could ultimately lead to school closures.

    Stated simply, legislation that would do away with the statute of limitations completely, even if only for a one-year period, could subject schools and other vital institutions to ancient claims and capricious litigation, and place their very existence in severe jeopardy. Agudath Israel and Torah Umesorah most vigorously oppose any such legislation.

    We must continue to seek out ways to protect our precious children and help eradicate molestation and other forms of abuse. We must also redouble our efforts to help those who have suffered the horrors of child abuse obtain the healing they so desperately need. However, we dare not bring down our most vital communal institutions in the process.


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    71 Comments
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    right
    right
    14 years ago

    devurim shell taam

    Anonymous
    Anonymous
    14 years ago

    I suppose I’m forced to agree, despite being slightly nauseated by their false empathy. Aside from their historical apathy, didn’t these organizations just recently argue against mandatory screening of school personnel?

    Anonymous
    Anonymous
    14 years ago

    To the point, and well said!

    Anonymous
    Anonymous
    14 years ago

    Very well said!!!

    logic613
    logic613
    14 years ago

    Wow, you would think someone would have proofread this thing before it went out. It’s full of errors (gramtical).

    me
    me
    14 years ago

    hmmm, doesn’t this wonderful organization run a summer camp? I think this summer camp employed a fine fellow who R”L was forced to plead guilty to “some” crime.
    Might the Agudah be worried they’re about to get hit with lots of lawsuits?

    KANOY
    KANOY
    14 years ago

    Nicely worded, good ideas,beautiful propoganda. They don’t believe a word of it themselves. Will someone please get the shovel?

    Anonymous
    Anonymous
    14 years ago

    1, They should, at this moment, be preparing their legal team and not this ridiculous and self serving drivel.
    2, The alternative that they propose is; if the records are lost then the school, administration and all involved can claim lost records and be absolved?

    Unlikely
    Unlikely
    14 years ago

    Does this mean that; by removing the statue of limitation, those responsible running the school at that time and/or covering up the incidents will also be able to be held personally liable w/o statue of limitation? Maybe not the institution, at least those who did not prevent this to happen.!!!

    Anonymous
    Anonymous
    14 years ago

    What if the school changes its legal name?

    Gerorista
    Gerorista
    14 years ago

    I don’t think a judge or jury would allow an “ancient” case to go forward. If one reviews the result of the California 1 year suspension of the statute of limitation one would find NO “ancient” cases which survived the first hearings in court. Only those fairly recent instances of recurring abuse against multiple victims were allowed to go forward. For instance, If Framowitz’s were to file suit against YTT and Margolis it would go nowhere in a hurry. However, if the court hears of the systemic abuse perpetrated by K for tens of years and the vehement refusal to act upon the information on the part of the administration, you are looking at a classical case that WOULD pass muster in court.
    It appears the Aguda geniuses have gone the way of the Catholic Church and vastly exagerated the effect of this proposed legislation. Looks to me like they are primarily concerned with the fate of one or 2 notorious mosdos who spent every effort and energy to harass the victims they now claim to be so concerned over.

    FACE IT: If the victim’s never get this chance to sue for pain in suffering our “dear leaders” will never see to it that the victims get the expensive therapy they so desperately need. A victim left with lifetime issues, typicaly does not have the resources to afford the healing process facilitated by private and experienced therapists. Fact is noone has provided for the victims any hope for releif other then third tier therapists funded by the city or state.

    It is time the victims stood up against the travisty of apathy and put in end to this by suing the shysters for what they are worth.

    No Catholic Diocese even came close to bankruptcy and other then perhaps YTT, no jewish school will fall.

    The press release from aguda looks to me like another Avi Shafran hack job.

    common sense
    common sense
    14 years ago

    This wole issue is about money for the lawyers and impossilbe issue. Yes not only will it hurt the yeshivas but it will also hurt the ones that are bringing the lawsuit people will worry if the family or party has healed properly after so many years. People will be concerned and not my child no way. there fore this a double Jeapordy. Today everyone finds out every thing and to say protect the abused is baloney especially if they are suing the people.

    Anonymous
    Anonymous
    14 years ago

    I hope this is not in response to those pathetic fliers thrown around the streets in flatbush on yom tov.

    BENNIE613
    BENNIE613
    14 years ago

    This statement profoundly affects my emunas chachamim. The fact that something happened long ago does not matter when it is fundamentally evil otherwise where is the statute of limitations on Nazi War Crimes? Or 65 year old claims by survivors?
    That school may be bankrupted is unfortunate but a yeshiva has an obligation to parents and to its students which in an abused child’s case it failed in an unforgivable fashion—-How icould this statement consistent with Daas Torah?

    Anonymous
    Anonymous
    14 years ago

    These are self-serving statements. There is no where in halacha where there is a statute of limitations on investigating a crime. There are also strong public policy reasons to consider. It is shocking but revealing that only now, with the threat of a one-year period wherein old claims can be brought, that these organizations express their concern for the victims. I strongly doubt that Rav Elyashiv shlita or similar gedolim from Eretz Yisroel, who do not have vested interests, were consulted.

    JusticeNOTrevenge
    JusticeNOTrevenge
    14 years ago

    I agree with Agudath Israel. We should be out for justice, not revenge. Justice is going after the individuals responsible for these sick acts. Revenge is shutting down the entire Yeshiva because of one persons sick acts 50 years ago.

    cynical young adult
    cynical young adult
    14 years ago

    sooo…. when the money starts running out , all of a sudden their “community” schools. When I was in HS it was always construed to our family as it being our obligation and privilege to go to Jewish schools and give them money for shoddy education. I guess they always know best about how to run their schools until the money starts drying up or they risk public humiliation.

    NY
    NY
    14 years ago

    I disagree with the Agudah on this. If we don’t hold people/institutions responsible for the past then they won’t be cautious in the future. Therefore we must allow this.

    Anonymous
    Anonymous
    14 years ago

    The only surefire way to prevent future abuse is to make people and institutions accountable via civil lawsuits. With the current statute of limitations this is not possible. Protecting the children could be made compatible with preventing the bankrupting of yeshivas by introducing tort reform in the form of caps on awards for pain and sufffering. Of course it is unlikely that Sheldon Silver, a beneficiary of not having tort reform, would support capping tort awards.

    Anonymous
    Anonymous
    14 years ago

    Why does the bill exclude Public Schools? Why not ament the bill for criminal charges only?

    Noclue
    Noclue
    14 years ago

    If these schools are truly public institutions, they should publish audited financial statements. Agudah approves the extension of statute of limitations for criminal cases? Surely their legal counsel has informed them that you can not extend a statute of limitation because of the constitutional ban on ex-post facto laws, which, by the way, does not apply to civil cases.

    Jack
    Jack
    14 years ago

    The Agudah is right on this topic

    once abused
    once abused
    14 years ago

    I wish they would “fully support” instead of “have no objection”.

    Both organizations are guilty of withholding evidence. It’s a fact.

    Raped in Monsey
    Raped in Monsey
    14 years ago

    The Aguda is not much better than the abusers where they are willing to sell out a victim for the sake of protecting the institution.

    Bracha Goetz
    Bracha Goetz
    14 years ago

    When the statute of limitations window was lifted in California, old cases never made it past first base, however, over 300 active predators were finally caught as a result. It is highly improbable that “innocent parents” will have to fund flimsy legal battles in NY either, if the Markey bill is passed and the SOL is temporarily lifted. We need to save our innocent children and not worry about tarnishing our image in the process. This is our chance to really make a Kiddush Hashem, by not acting like the Catholics did, ending our many cover-up efforts, and addressing the problem courageously.

    Agent Emess!
    Agent Emess!
    14 years ago

    I have one question. With regard to the gedolim and rabinic counsel that they are claiming to have sought.CAN WE GET THEIR NAMES PLEASE??????

    i dont get it
    i dont get it
    14 years ago

    aguda claiming they actually care about children after fighting legislation for years

    to me it seems that they realize a law will pass and they need to hope they get the lesser bill

    i think if a yeshiva covered up a molestation case they should be closed

    Anonymous
    Anonymous
    14 years ago

    Here is a tough question to anyone who is still a nonthinking frummie: Of all your high and mighty holy men, name one friggin name, just one name of a godol who stood up to the abusive system all these years. Who made a career wipping the tears of the poor molested and raped souls. NAME ONE!

    Anonymous
    Anonymous
    14 years ago

    After all this who would even want to be affiliated with Agudah?

    Rivka
    Rivka
    14 years ago

    There is no statue of limitations on murder. This new legislation would be equating molestation with murder. That is an idea that is long overdue.

    And I disagree with Torah Umesorah- what does the down economy have to do with murder? I think holding the schools and shuls accountable is EXACTLY what is needed …until it hurts someone’s pocketbook, no one is going to stick their neck out for the victims.

    shmiel glassman
    shmiel glassman
    14 years ago

    very well put – leaders decisions must be based on logic not emotion

    Anonymous
    Anonymous
    14 years ago

    I see no difference from the molestors & those that harbor them

    Anonymous
    Anonymous
    14 years ago

    Let us examine this issue a bit more closely. Many of these extreme comments are shaky at best.

    The fact that lawsuits will bankrupt and close institutions, yeshivos, summer camps, etc. is a reasonable expectation. That is to say, that even if any of these defendants are not found guilty, the legal expenses will be through the roof. Major expense, even if no justice is done.

    The other side is that many of these old cases will be wasted efforts in the court system. When matters are left to a he said – she said, there is inadequate evidence to support a ruling. This is the natural “statute of limitations” that exists regardless of legislation. In contrast, many victims of abuse and molestation are either not ready, not healthy, or lack the memory to share their tormenting experiences until after considerable time has passed.

    In the frum community, there is considerable resistance to going the court route, even if permitted by the dictates of the halachos of mesira and arkaos. There is automatic publicity, and the dynamics that make this unfavorable are too endemic in the community to be changed. Legislation will not change these universal ways of thinking.

    I am all in favor of legislation that eliminates statutes of limitations completely. Why should there be a law that prohibits me from seeking justice just because of my age or the time passed since the event? Halacha does not recognize such a concept, and saichel seems to say exactly the same thing. It is enough that that old cases will not succeed in getting past the first hearing. As for the separate issues of civil lawsuits versus criminal prosecution, I have trouble recognizing the value of making the perpetrator pay money for the crimes. If things are handled well, the molester/abuser is probably out of a job, or if he still has it, it is low paying anyway. Money won’t fix anything. Punishment won’t change a thing. It won’t protect other potential victims. Perhaps the focus on keeping perpetrators away from the public or out of our yeshivos can fare better.

    The role that legislation can play in truly correcting the situation needs to be more carefully examined. The comments here do not convince me that we are clear about what the pros and cons are.

    Bulldog
    Bulldog
    14 years ago

    What are these Jewish Institutions afraid of! Let all the truth come out and incarcerate the perpeprators. It is not hard!

    mark mayer appel
    mark mayer appel
    14 years ago

    Today is a sad day for klal yisroeal and tora jews worlwide……………………………..Aguda made their decision based on financial issues rather then protecting our children.Yesterday i joined hundrends of heimishe fammilies and victims in albany at a press confrence supportiing the markey bill..they came even there was many camreas focused on their sad and pained faces……………..Aguda we know has been putting pressure on all those who are seeking justice including our own assemblyman dov hikind…………….The truth is that aguda has fought against all bills that can help us they even initally fought against the mandatory screening for private schools.,only giving in after strong pressure from parents…..DAVID ZWEIBEL you are lying all the gedola hatora are not agreeing with you..show us letters agreeing with aguda on theese issues.lets ask rav elishavshlita and othe rabbonim.
    what you have done is sold out our chidren by joing the catholic league and protecting the very small institutions like tora temimah YOU ARE NOT THE DEFENDOR OF TORA AND YOU DO REPRESENT TORAH
    YOU HAVE DISGRACED THE EMUNA IN DAAS TORA FOR FINANCIAL LIES YOU CREATED

    I WOULD ADD MORE BUT I AM FASTING TODAY AND PRAYING TO HASHEM THAT WE FIND SOME WAY TO FORGIVE YOU
    DAVID ,IF URE CHILDREN WERE HURT OR MOLESTED WHAT WOULD YOU DO ??????? we are asking hashem for guidance to get rid of the moronic leaders who applaud madoff and embarase and twist the way we must respond to theese horrific issues with a strong emuna to hashem

    AntiAgudah
    AntiAgudah
    14 years ago

    Once again you have proven that money is more important than our children.

    Ahem
    Ahem
    14 years ago

    Indeed, it is a sad day. Protecting those who need to be outed for our own children’s safety.

    Anonymous
    Anonymous
    14 years ago

    I believe the Agudah sent out a well thought out statement in line with “Daas Torah”.While I feel terrible for every single victim,and I feelthat every perpretator should be ostrasized and punished, the bottom line is that we must follow the dictates of our Gedolim. Making light of them because you disagree, sends a terrible message to our youth and creates a chilul Hashem.

    Anonymous
    Anonymous
    14 years ago

    These “Rabbi’s” are missing a vital part of their anatomy! They are no different then the Catholic Church in encouraging the continuous COVER UP!!!!!!!