Monday, March 21, 2005

Breaking News from Haaretz - Chief Sephardic rabbi: Courts too quick to convict men of abusing wives, thus provoking them to murder

11 Comments:

At 5:32 AM, Blogger jewishwhistleblower said...

http://www.haaretz.co.il/hasite/spages/554931.html

עדכון אחרון - 14:42 21/03/05

הרב הראשי הספרדי: הפסיקות הנמהרות נגד בעלים יכולות לעודד רצח נשים

מאת עמירם ברקת ודוד רטנר

שעות אחדות לאחר שאשה נוספת נרצחה בידי בעלה, בפעם השישית השנה, תקף הרב שלמה עמר את בתיהמ"ש: "לפעמים ההידרדרות יכולה לבוא מבית המשפט, כשאדם מרגיש שלא מוכנים לשמוע אותו"




הרב עמר. ראשי ארגון נעמת ביקשו ממנו מסלול מהיר לגט במקרה של בעלים מכים




הרב הראשי הספרדי, הרב שלמה עמר, מתח היום ביקורת חריפה על מדיניות הענישה של בתי המשפט לגברים מכים, וטען כי פסיקות נמהרות של בתי המשפט נגד בעלים עשויות לעודד רצח נשים. הבוקר נרצחה בדקירות אשה כבת 40 מחיפה, ככל הנראה בידי בעלה, בן 53. השוטרים מצאו את גופתה בדירה ברחוב יד לבנים בעיר, ואת הבעל סמוך לגופתה. לבני הזוג, שעלו מאתיופיה, חמישה ילדים. המניע למעשה עדיין אינו ברור.

בפגישה עם ראשי ארגון נעמ"ת בלשכתו אמר הרב עמר: "פעמים רבות קורה שמוציאים את הבעל (מהבית) על סמך תלונה בלי בדיקה. כשהשופט שומע שפלוני רצח, הוא לא עושה שום חשבון. מכאן ועד הרצח הבא הדרך לא רחוקה. הרבה מאלה שהגיעו למצב הזה של רצח הם לא רוצחים מקצועיים. לפעמים ההידרדרות יכולה לבוא מתוך בית המשפט, כשאדם מרגיש שלא מוכנים לשמוע אותו. על כן, כמו שאנחנו מוזהרים להוקיע כל אלימות, באותה המידה אנחנו מוזהרים אם אנחנו עוברים את המידה הנכונה של זהירות, כי אז אנחנו מאבדים את הצדק".

לדברי הרב, בתי המשפט "עובדים לפי גחמות" וללא שלוות נפש. "יש לי ביקורת לא קטנה על בתי המשפט בישראל. בכל פעם שנשמע שפלוני רצח את אשתו, כל בתי המשפט נדרכים, ואוי לו לאיש שיבוא אצלם, אחת דינו להיתלות על עץ גבוה. עוברים כמה ימים, וחמת המלך שכחה, והכל עובר והיה כלא היה. בעיני זה חמור מאוד, כי עובדים לפי גחמות".

בפגישה העלו ראשי ארגון נעמת בפני הרב בקשה למסלול מהיר לגט במקרה של בעלים מכים. הרב גינה את האלימות בין בני זוג, והבטיח לראשי ארגון נעמ"ת להביא את הצעותיהן לדיון בוועדת הדיינים של בתי הדין הרבניים.

הרצח בחיפה הוא הרצח השישי של אשה בידי בן זוגה במשך חודשיים וחצי שחלפו מתחילת השנה. הרצח האחרון היה זה של דניאלה חייט, בת 31 מאור עקיבא. חברה לשעבר, ואמיל רפאלוב, נעצר בחשד למעשה. רפאלוב, בן 18 מאור עקיבא, לצורך חקירה בחשד לרצח חייט, שהיתה בעבר חברתו. לפי החשדות במשטרה, השניים נפרדו לפני כמה חודשים, לאחר שרפאלוב נהג בה באלימות. לאחר הפרידה נעצר רפאלוב, בחשד ששרף את דירתה של חייט.

 
At 5:41 AM, Blogger jewishwhistleblower said...

http://www.haaretz.com/hasen/spages/554938.html

Last Update: 21/03/2005 15:35
Rabbi: Courts are provoking men to murder their wives
By Amiram Barikat and David Ratner, Haaretz Correspondents

Chief Sephardic Rabbi Shlomo Amar said Monday that rushed court verdicts against husbands accused of abusing their wives are likely to provoke the men to commit murder.

"Many times husbands are taken from their home on the basis of an uninvestigated complaint," said Amar, during a meeting with leaders from Na'amat, the largest women?s rights organization in Israel. "Sometimes the deterioration can take place in the court, when a man feels he is not being heard."

"Just as we are warned to denunciate all violence," said Amar, "we are warned against surpassing the appropriate level of caution, because then we are no longer being just."

According to the rabbi, the courts are capricious and heavily influenced by events in the news.

"Each time the courts hear that someone murdered his wife, they become very tense," said Amar. "I don't envy the man that is brought before them [during those times], to be made hung as an example."

"A few days pass, and everything returns to normal," said Amar. "This is very serious, in my opinion, that the courts are so capricious."

In the meeting, which took place at the rabbi's office, the Na'amat representatives asked the rabbi to approve a fast-track divorce process for women whose husbands are abusive.

The rabbi condemned marital violence, and promised to bring his recommendations to a discussion in the rabbinical courts.

Earlier Monday, a 40-year-old woman was found stabbed to death in Haifa, apparently at the hands of her 53-year-old husband. Police found her body in their apartment, with her husband nearby. The couple has five children. The motive in the case is unclear.

The Haifa murder is the sixth case since the beginning of the year in which women have allegedly been murdered by their husbands or boyfriends.

 
At 6:18 AM, Anonymous Anonymous said...

If they would just listen the first time....

 
At 10:11 AM, Anonymous Fixing the problem said...

Unfortunately, in this case, both sides are correct.

The liberal court system is too biased towards womens rights and as a result condemns men instintively without providing them the same due process as women.

Unfortunately, there are many marginal people walking the streets who need help. Men *and* women.

Men, if guilty should be prosecuted to the full extent of the law and convicted.

Violent men and women should be counseled as soon as possible after the first onset of any violence (verbal, mental or physical) even if self inflicted.

I think that the chief Rabbi is responding to a potential trigger, so to speak for the violence.

Any person, finding themselves in an unfair, hostile environment, that is stacked against them with no recourse to due process and with the potential of unlimited incarceration or worse, may snap with unexpected consequences.

It is time to re-think the "man is always gulity" mantra pronounced by those social services and court systems. Re-introducing fairness into the court systems is also in order.

A plethora of instinctive accusers is unfortunately at the ready night and day to vocally accuse, prosecute and sentence males who may be severely abused themselves by their spouses. In our society men in abuse situations face a double stigma: If they react in kind (even if instinctively) they are considered "abusers" of the "weaker sex"; If they do not they are deemed wimps.

I think that pre and post marital counseling (as advocated by certain american states) http://www.pbs.org/ttc/society/premaritalcounseling.html
are ideas whose time has come in all communities and all countries.

Just as Dor Yesharim testing is performed in the frum community as a matter of course because of the risk to physical health of families and children, so too, should basic compatibility testing be performed as well. Does breeding children in a tension-filled, angry, rage filled environment any less of a risk of congenital social disease that will be passed on to the next generation?

Pre and post marital counseling could reduce divorces, allow a counselor to assess a prospective couple and perhaps most importantly, begin a comfortable relationship with a mental health or social work professional in case one should be needed at a later date. Clergymen or women are usually not sufficiently trained for this.

It is long overdue for for broad spectrum recognition and promotion of this type of "Early Intervention".

The Jewish Press recently has had a counselor with rabbinical approbations, Moish Herskowitz, writing about this issue in the newspaper. He and the other social services organizations should be good beginning contact points in the community.

Let's all work towards enabling this type of service universally instead of getting drawn into a silly he did-she did post violence "gender war". Think of how many bad marriages could be stopped. How many marriages could be improved. How many abused spouses and children could be helped or would simply not happen!

With this idea we can make great strides towards building up our society towards fulfilling its potential.

 
At 10:19 AM, Blogger jewishwhistleblower said...

>The liberal court system is too
>biased towards womens rights and
>as a result condemns men
>instintively without providing
>them the same due process as
>women.

Which court system is this? I think you'll find the opposite is true.

Please read my post at:
http://jewishwhistleblower.blogspot.com/2005/03/ozzie-orbach-story-how-ohel-and.html#comments

 
At 10:27 AM, Blogger jewishwhistleblower said...

The reason these men are murdering their wives is because they are violent and abusive.

To blame the courts for providing an avenue to address that violence and abuse is absurd.

The problem in most cases is that these men are almost never subjected to any consequences for their actions.

Go to a women's shelter. Volunteer some time there. Speak to the women and the staff. These women are not there because the courts treated their husbands unfairly. They are not there for fun. They are there because their husbands beat the hell out of them and they are truly fearful for their lives.

 
At 5:47 AM, Blogger jewishwhistleblower said...

1)
http://www.jpost.com/servlet/Satellite?pagename=JPost/JPArticle/ShowFull&cid=1111461689267
Mar. 22, 2005
Amar: Courts drive husbands to violence
By MATI WAGNER

Unduly severe court rulings against recalcitrant husbands in divorce cases can drive them to violence, said Sephardi Chief Rabbi Shlomo Amar on Tuesday.

"I am not saying this is a justification for violence against women," added Amar. "Nor am I saying these men should be treated delicately. But when a court forces a husband to pay family support beyond his means and throws him out of his house, it is pushing him into a corner."

In addition to his position as chief rabbi, Amar is also the president of the rabbinical courts that share responsibility for judging divorce cases with family courts.

On Monday, Amar met with representatives of several women's rights groups, including Na'amat, to discuss domestic violence.

"Punishment against violent husbands needs to be severe, but there needs to be order," said Amar, who also criticized the way civil courts deal with divorce cases.

"There are people that seem incapable of causing physical harm who get pushed over the edge by the courts and go crazy," said Amar. "Too often [civil] courts issue verdicts capriciously. Every time there is a report of a husband murdering his wife the courts react by issuing more stringent actions against men. But after a few days things calm down and courts return to leniency."

Amar said this unsystematic method of justice can also kindle a husband's rancor.

"The husband must be sure that the court is giving equal weight to his claims. Otherwise he will be less willing to accept the verdict peaceably."

But Na'amat legal adviser Dafna Bustan, who met Monday with Amar, rejected Amar's analysis.

"Husbands are violent not because they are forced to pay exorbitant family support. Husbands are violent because they are simply unwilling to accept separation. They refuse to let their wives go," Bustan said. "It is senseless and misleading to point to court rulings as the justification or cause of violence against women."

Bustan added that Amar's understanding of the phenomenon was particularly perplexing considering the fact that the amount of family support awarded to women was often below National Insurance Institute standards.

According to data issued by Na'amat, six women have been killed by their husbands so far this year. The most recent case was the stabbing of Sila Endargo, 40, of Haifa on Monday.

There were 11 cases in 2004 and 16 in 2003.

2)
http://www.jpost.com/servlet/Satellite?pagename=JPost/JPArticle/ShowFull&cid=1111461687873
Mar. 22, 2005
Chief rabbi: strict courts stoke husbands' violence
By MATI WAGNER

Unduly severe court rulings against recalcitrant husbands in divorce cases can drive them to violence, said Sefardi Chief Rabbi Shlomo Amar, Tuesday.

"I am not saying this is a justification for violence against women," added Amar. "Nor am I saying that these men should be treated delicately.

"But when a court forces a husband to pay family support beyond his means and throws him out of his house, it is pushing him into a corner."

In addition to his position as Chief Rabbi, Amar is also the president of the rabbinical courts that share responsibility for deciding on divorce cases with family courts.

On Monday, Amar met with representatives of several women's rights groups, including Na'amat to discuss the problem of domestic violence.

"Punishment against violent husbands needs to be severe, but there needs to be order," said Amar, who also criticized the way civil courts deal with divorce cases.

"Too often [civil] courts issue verdicts capriciously. Every time there is a report of a husband murdering his wife the courts react by issuing more stringent actions against men. But after a few days things calm down and courts return to leniency."

Amar said this unsystematic method of justice can also kindle a husband's rancor.

"The husband must be sure that the court is giving equal weight to his claims. Otherwise he will be less willing to accept the verdict peaceably.

"There are people that seem incapable of causing physical harm who get pushed over the edge by the courts and go crazy," said Amar.

But Na'amat Legal Advisor, Dafna Bustan, one of the women's groups' representatives that met Monday with Amar, rejected Amar's analysis.

"Husbands are violent not because they are forced to pay exorbitant family support. Husbands are violent because they are simply unwilling to accept separation. They refuse to let their wives go.

"It is senseless and misleading to point to court rulings as the justification or cause of violence against women."

Bustan also attacked Amar's criticism of the civil court system.

"It would be befitting of someone who stands at the head of a rabbinic court system that is far from perfect - to put it lightly - to concentrate on overcoming his own challenges before pointing out someone else's."

Bustan said that Amar's understanding of the phenomenon was particularly perplexing considering the fact that in many cases the amount of family support awarded to women is often below National Insurance Institute standards.

According to data issued by Na'amat, so far in 2005 six women were killed by their husbands. The most recent case was the stabbing of Sila Endargo, 40, of Haifa on Monday.

In 2004 there were 11 cases and in 2003 there were 16.

Bustan said that the best way to prevent these tragedies is to act on early diagnosis of potentially dangerous situations.

"Courts and rabbinical courts can play an important role by arresting potentially dangerous husbands before they become violent."

 
At 1:43 PM, Anonymous fixing the problem said...

>The liberal court system is too
>biased towards womens rights and
>as a result condemns men
>instintively without providing
>them the same due process as
>women.

Which court system is this? I think you'll find the opposite is true.

OK. Start here:

http://www.menweb.org/throop/battery/commentary/mennetwork.html

and here:

http://www.menweb.org/throop/battery/battery.html

and here:

http://www.boston.com/news/globe/editorial_opinion/oped/articles/2004/10/11/feminist_dogma_on_partner_abuse/

from here:

http://www.fatherhoodcoalition.org/

Moderator, do you want to see more?

The proper response is all - around prevention and early intervention as I said.

 
At 2:06 PM, Anonymous fixing the problem said...

>The liberal court system is too
>biased towards womens rights and
>as a result condemns men
>instintively without providing
>them the same due process as
>women.

Which court system is this? I think you'll find the opposite is true.

OK. Start here:

http://www.menweb.org/throop/battery/commentary/mennetwork.html

and here:

http://www.menweb.org/throop/battery/battery.html

and here:

http://www.boston.com/news/globe/editorial_opinion/oped/articles/2004/10/11/feminist_dogma_on_partner_abuse/

from here:

http://www.fatherhoodcoalition.org/

Moderator, do you want to see more?

 
At 9:52 AM, Anonymous Anonymous said...

There is no excuse for violence of any type in or out of an intimate relationship. "fixing the problem" is right though. Men have little recourse in the courts since the system evolved to simply recognize womens voices more. The family court systems are biased towards having children stay with the mother, for example. How many men have lie based orders of protection for a spouse or child filed against them?

Why dont you ask a divorce lawyer if he would rather be a women or man coming into court - civil, family or criminal?

There are more abused female than male spouses. There should be none!

You are correct in indicating that people doing violence should be stopped.

A change in court attitudes may allow directing violent people to therapy instead of to further violence.

Instead of being the prosecutor/judge and jury for all things wrong, why dont you suggest doing things right? Why cant your blog be a source of good news and suggestions as a forum for positive change. Finding real solutions on a regular basis instead of constant cynical accusations from your pedestal might even correct some of your ego problems.

 
At 8:42 AM, Anonymous Anonymous said...

JWB:

Looks like the Jerusalem post thinks that there might be a story here even if you don't.

http://www.jpost.com/servlet/Satellite?pagename=JPost/JPArticle/ShowFull&cid=1112494788813

Your PC elbow jerk reaction promoting womens rights while denying men their due process is showing.

People have many agendas while in litigation including defamation of character and plain nastiness.

All abusers should be punished, controlled and have their children protected no matter their gender, race or place of origin.

If you were a real man you would stop repeating feminist hooey and instead promote solutions to eliminate all violence like fixing the problem suggested.

 

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