Three sisters allegedly raped and sexually abused by their teacher at an ultra-orthodox Jewish school in Melbourne had “no understanding of sex” at the time and were too afraid to tell anyone given the teacher’s standing in the local Hasidic community, a court has heard.
Malka Leifer, who was the principal of Adass Israel school in Elsternwick, has been charged with 29 offences against the three girls between 2003 and 2007, including 10 counts of rape.
Leifer, 56, has pleaded not guilty to all charges and appeared at the Victorian county court. Her barrister, Ian Hill, argued the three complainants were unreliable and had changed their recollections over many years, with one sister not reporting rape or assault in a 12-page report to police in 2011.
The prosecution alleges the offences occurred inside her office at the school, in the library, at her home in Elsternwick, at two school camps and at other locations in Emerald and Elwood.
In his opening statement, the crown prosecutor Justin Lewis told the jury Leifer had “a lot of power” in the community and could decide who would be employed by the school after graduation.
Lewis alleged one girl was “completely still” when almost all alleged offences occurred. He said another sister “told her to stop on almost every occasion” and that Leifer “would either not respond or say ‘this is good for you’.”
Lewis said that while the girls felt uncomfortable, they had no understanding of what was allegedly occurring to them given their extremely isolated upbringing.
But Hill told the jury that Leifer’s conduct with the girls was “professional and proper” and that he would call witnesses who would describe Leifer’s “glowing, appropriate relationship” with them.
The prosecution told the court the girls were not taught about sex or anatomy until weeks before marriage and that they grew up without access to television, newspapers, the internet. They had little interaction outside the Hasidic community.
Lewis told the jury that Leifer treated the girls as her favourites and would arrange time alone with them. They would allegedly stay at her home and she would arrange private lessons with them.
The prosecution alleges that on one occasion, two sisters were sleeping in the same room at Leifer’s house when she climbed on top of one, confident the other was asleep. Lewis told the court the other sister heard everything and later spoke to her sibling, who told her she “hated being touched”.
The court heard that at the start of year 12, one student attempted to establish a relationship with another teacher to ask if what was happening was normal. Lewis alleged Leifer “became jealous” when she discovered this and told the girl she was not allowed to have a connection with another teacher.
The prosecution alleged Leifer asked one student to perform sexual acts on her in December 2007, while being aware the girl had not consented or might not be consenting. Lewis told the court that the girl “felt like she had to do it or [Leifer] would be mad at her”.
But Hill told the jury that “material inconsistencies” would affect the “credibility and reliability” of the complainant’s accounts. He also alleged they had changed their statements in collusion with each other, noting they shared a bedroom for many years.
The prosecution also alleged Leifer raped one of the sisters in 2006 after she arranged for them to “sleep over after kallah”, which is a class on the basics of Jewish marital etiquette.
Lewis told the jury that Leifer gave one of the girls a mobile phone to arrange time for the lessons. She alleged told one girl “she loved her and not to tell anyone what they were doing”.
He told the court that one girl “did not move or say anything” when touched as “she was scared of what the consequences might be because of the high-esteem [Leifer] held in the school”.
The trial continues.
• In Australia, children, young adults, parents and teachers can contact the Kids Helpline on 1800 55 1800, or Bravehearts on 1800 272 831, and adult survivors can contact Blue Knot Foundation on 1300 657 380. In the UK, the NSPCC offers support to children on 0800 1111, and adults concerned about a child on 0808 800 5000. The National Association for People Abused in Childhood (Napac) offers support for adult survivors on 0808 801 0331. In the US, call or text the Childhelp abuse hotline on 800-422-4453. Other sources of help can be found at Child Helplines International
