It is very important for the public to know that unfortunately the “NY State Sex offender list” should not be used a s a measuring stick or a guide to know who is an offender or who isn’t. Most of the times, an offender will negotiate with the courts NOT to be on the list. Baruch Lebowitz is not on the list; Yehuda Kolko made special arrangements not to be on the list, and many many more, let alone the people that beat the system all together and were not found guilty due to the fact that rabbies threatened the victims family not to cooparate with the Law, or else.
It is very frustrating that these molesters and rapists get away with it, but these are the unfortunate circumstances of dealing with the law, good attorneys and many loop holes in the system.
Due to the protection of the victims (little children), the courts and the victims family will agree to lesser charges and to demands of the abusers, in order not to have these little victims endure hell yet again and to avoid that the victim should have to testify and replay the whole abuse again and again.
The following is a perfect example of a recent case in NY, it is an article from the local “Times Union” in Albany .
Rabbi Yaakov Weiss, 30, founder of the Chabad of Colonie and the
In pleading guilty to the misdemeanor in January, Weiss admitted he had "inappropriate physical contact" with two, 13-year-old naked boys in 2007 inside a small pool known as a mikveh on Whitehall Road
in
"I want to apologize to everyone that's been hurt," Weiss said. Herrick noted that Weiss was charged with four misdemeanor counts and pleaded guilty to endangering the welfare of a child.
In addition to the 60 days in jail, Herrick sentenced Weiss to three years probation, issued two orders of protection to keep him away from the two boys and ordered him to undergo sex offender counseling even though he is not classified as a sex offender.
Assistant District Attorney Shannon Sarfoh read a victim-impact statement from the mother of one boy in which she urged the judge to sentence Weiss to the maximum of 60 days in jail.
"I toss and turn all night. I have a nagging pain in my head constantly," the mother said. "Sixty days in the scheme of things is not very long. But the 60 days might just let me have a full night's sleep and relax my jaw."
Sarfoh said the guilty plea was accepted so the victim would not have to testify.
The above is just a 1% example of the politics and the deals that these abusers can get away with. Why should a guy like this not be on a sex offender list? Why should he be roaming the streets after only 2 months of jail time, without people having the opportunity to see him on a sex offender list?
There are dozens of people in our communities that worked out the same deal and similar arrangements which spares them the “sex offender lists” and it is us the people that suffer the consequences.
Don’t fool yourselves by the mere fact that someone is not on the “list” thinking that he is a legit or a non-molester. I have in my possession close to 20 names that I can not put up on my “wall of shame” due to legal ramifications.