Menachem Levy given 3 year jail term for abusing teenager

 Update: July 21 2013 Rabbi Rapoport explains his views

The following represents a very difficult case from the point of halacha. On the one hand it is a seduction of a typically sheltered Orthodox girl from the ages of 14 to 21 - by a married family friend who is 14 years older. She clearly was an adult according to halacha. On the other hand it is obvious that someone who doesn't know what sex is - can hardly be accountable for what happened. Also problematic is that Rabbi Rappaport testified that the married man was the “embodiment of repentance”, for what he did over a period of years. This is truly bizarre since the man pleaded not guilty and is appealing the conviction. Does the seducer deserve 3 years in jail?

See older J.C. article for background information on this case

 For perspective on general issue: Would you react differently if the seducer was an Arab?
Jonathan Rosenblum: Jewish teenagers seduced by Arabs

The problem is whether there is a concept of statutory rape for teenagers in halacha? Statutory rape assumes that a party below a certain age can not consent. Penalties vary widely between states and are not universally regarded as desirable even in secular society.

CNN

In short, the crime of statutory rape may have originated from repressive and misogynist conceptions of sexuality. Nonetheless, it has (and may always have had) redeeming characteristics, even from an enlightened perspective that takes into account the realities of prosecuting rape and of women's equality. It makes it easier, for example, to prosecute and thus to deter real rapists who count on jury skepticism about acquaintance rape allegations.
Still, reducing burdens of proof relies a great deal on trust – in victims and in prosecutors – that the omitted element will truly be present when cases come to trial. If and when that trust is misplaced, as may or may not have happened to Marcus Dwayne Dixon, a grave injustice can result.

CGA

Most states do not refer specifically to statutory rape; instead they use designations such as sexual assault and sexual abuse to identify prohibited activity. Regardless of the designation, these crimes are based on the premise that until a person reaches a certain age, he is legally incapable of consenting to sexual intercourse. Thus, instead of including force as a criminal element, theses crimes make it illegal for anyone to engage in sexual intercourse with anyone below a certain age, other than his spouse. The age of consent varies by state, with most states, including Connecticut, setting it at age 16. The age of consent in other states ranges from ages 14 to 18. 

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Jewish Chronicle  A young Orthodox woman who was sexually abused as a child has broken her silence to talk about the despair of being betrayed by her own community. 

After years of suffering at the hands of a long-time family friend, Yehudis Goldsobel finally reached out for help. But after reporting the crimes to the police, rabbis refused to acknowledge her suffering, her family were driven from their synagogue, and kosher shops refused to serve them.

Now, as father-of-six Menachem Mendel Levy, 41, begins a three-year jail term for two counts of sexual assault, his victim, now 27, has waived her legal right to anonymity to speak out in a bid to encourage other victims to come forward.

“Since the sentencing the reaction from the community has been really upsetting. I’ve had people closing doors, I’ve had people stop talking to me.[...]

The first trial ended in deadlock when the jury could not reach a decision, but Levy was convicted at the retrial of sexual assault, although he was acquitted of rape.

Levy argued that their sexual contact was a consenting extra-marital affair which began when she was over 16. The jury were shown a birthday card she had written to him after she had said the abuse began. [...]

Rabbi Chaim Rapoport, who until last year held the medical ethics portfolio on the Chief Rabbi’s cabinet, gave evidence as a character witness for Levy, calling him the “embodiment of repentance”, despite the fact that Levy pleaded not guilty and is appealing against both his jail sentence and his conviction.[...]