Where do we find sources in Chazal that point to how the Torah addresses the issues of physical abuse, rape and molestation? Some claim that halacha does not view physical abuse and molestation as actual crimes for which a perpetrator must be punished. I find this hard to understand.
I now see the extensive discussion in Hilchos Chovel in Rambam, but we see that physical abuse/injury is dealt with monetarily, and not with a physical punishment or incarceration. However, it seems to me beyond a shadow of a doubt that reporting any type of abuse to the secular authorities is a mitzvah under halachos of chovel and mazik - whether this involves wife abuse, molestation, rape, etc.
David Goldman, USA
The subjects you discussed are wide-ranging and cannot be done justice in a short response. I will try to offer some guidelines:
1) Jewish law does not always believe that incarceration will necessarily educate felons to become better human beings. A punishment must be punitive but also corrective. In the case of rape, if the victim is married, it is viewed as a capital crime and the rapist can be punished with death. If, for technical reasons (lack of witnesses, etc.), he cannot be executed, he is still liable for severe punishment in Jewish law, such as flogging, but this is the prerogative of Beis Din and for thousands of years we have not had autonomous courts. Presumably, a Beis Din would rule based on "Beis Din Makin v'Onshin she'Lo Min ha'Din" (Sanhedrin 46a), which allows both for physical punishment and imprisonment when necessary.
In the case of an unmarried girl, the rapist treated her like an object, so he must now marry her and treat her like a woman for the rest of his life. This is because he has dishonored her and others may not want to marry her. In a modern-day society this may not be required but it serves as a corrective form of punishment.
The monetary fines can restore to the victim what they have lost, and presumably a rapist would also have to pay for psychological treatment for the victim.
Additionally, rape even within marriage is strictly forbidden (Eruvin 100b); although both spouses are obliged to serve the other's needs, this cannot be done forcibly.
2) Regarding physical abuse: The fact that the Torah releases a slave who was handicapped by his master provides protection for slaves against abuse. Similarly, the Poskim (Maharam Rottenberg, Krimona ed., 291-292) rule that an abusive husband can be forced to give a Get to his wife. This is also the view of the Rema (Even ha'Ezer 154 in Darkei Moshe, although the Beis Yosef disagrees). The divorce itself (with the Kesubah) is presumably enough punishment to serve as a deterrent to abusive husbands.
3) Molestation is not mentioned in Rabbinic sources but the Rivash (Responsa 265) discusses a case of sexual harassment. A woman claimed to have been harassed, and there were no witnesses. The accused denied the claims. The Rivash could not merely accept hearsay but did demand the man never again speak to this woman. He also added that if the man was a known philanderer, he must be excoriated for his behavior and even removed from the community.
Yoel Domb