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	Can Israel's Religious Community Finally Accept Its Homosexual Members? By Ze'ev Segal Haaretz February 22, 2010 http://www.haaretz.com/hasen/spages/1151412.html ISRAEL -- Any consideration of the actions of the Takana forum must begin with the fact that without Takana or an organization like it, indecent acts committed by spiritual leaders and rabbis would be unlikely to come to the attention of the legal authorities. That is why the public needs such an organization. But such an organization is capable of operating alongside the law enforcement authorities rather than replacing them. Thus when it receives a complaint that arouses substantial suspicions of criminal wrongdoing, it has an obligation not to keep the matter from the appropriate authorities. In revealing suspicions of indecent acts on the part of Rabbi Mordechai Elon, Takana fulfilled that obligation, thereby refuting its critics, who view the group and others like it as a state within a state. As has been reported, Takana informed then-attorney general Menachem Mazuz in late 2006 of allegations against Elon that aroused suspicions of sexual offenses on Elon's part. For reasons that have not been adequately explained, Mazuz determined at the time that "there was no way to deal with the specific complaints at the criminal level." With respect to Takana, the relevant question is whether it reported the allegations against Elon as soon as it had substantive information to convey, or only some time later. The secrecy that has surrounded the case until now, despite both the forum's broad composition and the transfer of the information to the police, is exceptional, since suspicions of sexual offenses on the part of public figures are usually reported immediately. The nondisclosure in this case was an act of kindness to Elon, but engenders a sense that a double standard was applied, on the assumption that publication would not have been delayed if the suspect had been a secular public figure. This feeling is reinforced by journalist Avishay Ben Haim, who on Saturday night told Channel 1 television that the editor of his newspaper had decided not to publish the story despite knowing of it, both because the available facts did not seem especially grave and because the editor did not wish to hurt the religious community, which had suffered greatly during the disengagement from the Gaza Strip. In withholding information, Takana sinned primarily against its own religious public, by ignoring the religious commandment not to put a stumbling-block in front of the blind, meaning those young people who were captivated by Rabbi Elon's charm. The information that Takana has now disclosed regarding suspicions of what it termed "extremely grave acts" comes too late, but better late than never. But beyond the facts of the case, the matter highlights the lack of explicit reference in the laws on sexual offenses to acts allegedly committed by rabbis against people over whom they have influence. Questions also arise regarding what obligation organizations such as Takana have to report suspected criminal activity when they receive complaints relating to sexual exploitation. The Penal Code ascribes particular severity to indecent acts against a minor, including acts exploiting "relations of dependence, authority [or] education." This can be interpreted as relating to a case involving "relations of dependence" between a rabbi and his student, or between a rabbi and an individual who comes to seek advice and guidance. In this context, bills have been submitted by MKs Otniel Schneller (Kadima) and Zevulun Orlev (Habayit Hayehudi) explicitly seeking to apply these legislative provisions to cases involving advice and guidance from religious figures, which is appropriate. The conduct of Takana's members, who for a time covered up what was plainly in front of them with regard to Rabbi Elon, raises suspicions that they failed to comply with their legal duty to report an incident involving an offense against a minor. The Penal Code specifies that this duty applies to anyone who has a reasonable basis to think that someone with whom he is associated has committed an offense against a minor. There is an even greater duty in certain instances, such as when an "education worker" has reason to believe that an offense has been committed against a minor by someone "responsible" for that minor. The Elon case will not result in a criminal indictment if in the end, the allegations do not amount to a criminal offense as defined in the Penal Code or the Sexual Harassment Law. But at the same time, even if no indictment is filed, the allegations provide an opening for those injured as a result of the rabbi's alleged conduct to file a damages suit against members of Takana, for not alerting the public. This case requires thorough examination from various standpoints in which there is a public interest, so that the necessary lessons can be learned from it. The verdict with regard to the rabbi is of great importance for the religious and the secular public alike.
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