UNITED STATES
Frum Follies
We have a serious problem when people say, “But it wasn’t rape,” or “Sexualizing a child without touching is creepy but not sexual abuse.” Creepy is practically a synonym for sexualizing.
Sex crimes should be seen from the point of view of harm to the victim/survivor, not in terms of the mechanics and body parts. There is what I call a “penetration fallacy” where the halachic and legal criteria of severity ignore the psycho-emotional harm.
Professionals report profound harm including suicides and overdose deaths because of sex abuse that did not involve penetration of any sort. As long as the sexual dimension is apparent enough to make it creepy, it becomes possible for it to seriously harm a child. Not every child. Resilience varies. Some can come out pretty well from horrific things while others are deeply harmed by lesser things.
Even the law recognizes the victim’s perspective by considering victim impact reports and statements in setting sentences. The law bases the amount of civil judgements on the basis of the effects such as subsequent functional impairment, not just the acts. This is correct because some children are more harmed by fondling than others are by penetration.
Jewish law has explicit categories for harm: nezek, tzar, ripui, sheves and boishes. Sex abuse, depending on the particulars can include all five: physical harm, pain, medical healing costs, incapacitation, and shame.
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