View source for Hershel Goldman

Dr. '''{{FULLPAGENAME}}''', {{BSc}}, {{MBBS}}, {{FRACGP}}, is a [[Circumcised doctors| circumcised doctor]], general practitioner, and Jewish ''[[mohel]]'' who practises medicine in Melbourne, {{AUSC|VIC}}, [[Australia]]. The ''Daily Mail'' reports that the [https://www.medicalboard.gov.au Medical Board of Australia] has banned him from performing [[circumcision]] after he amputated the [[penis]]es of two boys while performing [[Brit Milah|ritual circumcisions]] in homes, although he may continue to practise medicine.<ref name="dailymail2024">{{REFnews
 |title=Top circumcision doctor is banned from performing the operations after amputating two little boys' penises, tribunal hears
 |url=https://www.dailymail.co.uk/news/article-13455661/Circumcision-doctor-Hershel-Goldman-fighting-ban.html
 |last=Lackey
 |first=Brett
 |init=B
 |author-link=
 |publisher=Daily Mail
 |date=2024-05-24
 |accessdate=2024-05-25
}}</ref> Dr. Goldman's websites where he promoted unnecessary non-therapeutic [[circumcision]] have suspended operation.

Dr. Goldman has filed an appeal with the [https://www.vcat.vic.gov.au/ Victorian Civil and Administrative Tribunal (VCAT)], where a hearing was held on Thursday, 23 May 2024.<ref name="dailymail2024"/>

Dr. Goldman had previously been charged with Medicare fraud regarding non-therapeutic circumcision of boys.

== Male circumcision ==
Many Jews believe that the ritual of [[Brit Milah]] is required by the so-called [[Abrahamic covenant]], which has been the most sacred ritual of [[Judaism]], although it is increasingly being questioned.<ref>http://www.amazon.com/Questioning-Circumcision-Perspective-Ronald-Goldman/dp/0964489562/</ref> Reports from [[Israel]] indicate that many Jewish parents are not having their sons [[circumcised]].<ref name="haretz2012">{{REFweb
 |url=https://www.haaretz.com/2012-06-14/ty-article/even-in-israel-more-and-more-parents-choose-not-to-circumcise/0000017f-f77f-ddde-abff-ff7f1fb70000
 |title=Even in Israel, more and more parents choose not to circumcise their sons
 |last=Ahutuv
 |first=Netta
 |init=
 |publisher=Haaretz
 |date=2012-06-14
 |accessdate=2024-05-25
}}</ref> <ref name="reuters2012">{{REFnews
 |title=In Israel, some rebel against circumcision
 |url=https://www.reuters.com/article/idUSBRE8AR0M8/
 |last=Lubell
 |first=Maayan
 |author-link=
 |publisher=Reuters
 |website=
 |date=2012-11-28
 |accessdate=2024-05-25
 |quote="It's such a taboo in Israel and in Judaism,"
}}</ref>

Non-therapeutic "cosmetic" circumcision has long been banned at public hospitals in [[Australia]].<ref>{{REFjournal
 |last=Anonymous
 |init=
 |author-link=
 |last2=
 |init2=
 |author2-link=
 |url=https://www.theguardian.com/society/2017/feb/09/protection-offered-by-circumcision-does-not-warrant-lifting-ban-say-doctors
 |title=Protection offered by circumcision does not warrant lifting ban, say doctors
 |journal=The Guardian
 |date=2017-02-08
 |volume=
 |issue=
 |pages=
 |accessdate=2024-05-24
}}</ref> 

[https://www.amawa.com.au/news/mark-duncan-smith-elected-as-new-president-of-ama-wa/ Dr Mark Duncan-Smith], the president of the AMA (WA), issued a warning to parents on 10 December 2021 regarding non-therapeutic child [[circumcision]]. Dr. Duncan-Smith said parents should only "follow through with the procedure if there is a valid medical reason." According to Dr Duncan-Smith only about ten percent of boys in Western Australia are now being [[circumcised]].<ref>{{REFnews
 |url=https://www.dailymail.co.uk/news/article-10293843/Circumcision-warning-two-year-old-dies-brother-bleeds-Western-Australia.html
 |title=Parents are warned against circumcising their children after a toddler, 2, died 'of a reaction to anaesthetic' and his baby brother almost bled out
 |last=Wondracz
 |first=Aidan
 |init=A
 |publisher=Daily Mail
 |date=2021-12-09
 |accessdate=2024-05-25
}}</ref>
== Potential civil and criminal liability ==
It is not clear what additional civil and/or criminal penalties Dr. Goldman may face.
=== Potential criminal liability ===
[[Davis Richards]] (1996) quoted Marion's case, which said:
<blockquote>
"[W]here there is a doubt about the therapeutic character of a proposed procedure, those who would be involved in the procedure may be at risk if they act merely upon a purported authorisation given by the parent or other guardian."<ref>Secretary, Department of Health and Community Services v JWB and SMB (1992) 175 CLR 218 at 275.</ref>
</blockquote>
Richards concluded:
<blockquote>
Ritual male circumcision is non-therapeutic and is not warranted or justified by medical evidence. This form of mutilation should not be legally distinguished from female circumcision which is a form of female genital mutilation presently in the process of being prohibited throughout Australia and the Western world. As ritual male circumcision is non-therapeutic, may be against public policy, and clearly is not in the best interests of the child, a parent's consent may be vitiated, leaving persons involved in the procedure liable in negligence, notwithstanding parental religious beliefs. Alternatively, if a medical practitioner fails to give the parent reasonable information on the risks of and alternatives to ritual circumcision, the practitioner may also be liable in negligence.<ref>David Richards. [https://www.cirp.org/library/legal/richards/ Male Circumcision: Medical or Ritual?] 3 J Law Medicine 371 (1996).</ref>
</blockquote>

[[J. Neville Turner]], Professor of Law at Melbourne's [https://www.monash.edu/ Monash University] and president of [https://www.ozchild.org.au/ Oz Child], has argued that "circumcised boys may sue."<ref name="turner1996">{{REFjournal
 |last=Turner
 |init=N
 |author-link=
 |url=https://www.noharmm.org/boysmaysue.htm
 |title=Circumcised boys may sue
 |journal=The Health Law Update (Australia)
 |date=1996-02-23
 |volume=1
 |issue=4
 |pages=1-2
 |accessdate=2024-05-25
}}</ref> Professor Turner cited Marion's case, the 1992 [https://www.hcourt.gov.au/ High Court of Australia] case regarding parental consent.<ref>[https://www.globalhealthrights.org/wp-content/uploads/2013/02/HC-1992-Marions-Case.pdf Department of Health & Community Services v JWB & SMB] (“Marion’s Case”) (1992) 175 CLR 218; [1992] HCA 15</ref>

Boyle et al. (2000) suggested that [[circumcision]] of incompetent minors may constitute criminal assault. They also suggested that civil liability may apply and cited cases in which damages were obtained for circumcision.<ref>Gregory J Boyle, J Steven Svoboda, Christopher P Price, J Neville Turner. [https://www.cirp.org/library/legal/boyle1/ Circumcision of Healthy Boys: Criminal Assault?] 7 J Law Med 301 (2000).</ref>
=== Potential civil liability ===
The guardians of the mutilated boys are likely to see compensation for their son's injuries.

In a previous case, a Perth man received $360,000 in money damages from a doctor who mutilated his penis.<ref>{{REFnews
 |title=Press Release Regarding Shane Peterson’s Victory in Australian Circumcision Case
 |url=https://www.arclaw.org/press-releases/press-release-regarding-shane-petersons-victory-in-australian-circumcision-case
 |last=Huggins
 |first=Allan
 |init=
 |author-link=
 |last2=
 |init2=
 |author2-link=
 |publisher=
 |website=https://www.arclaw.org
 |date=2000-01-01
 |accessdate=2024-05-28
 |format=
 |quote=
}}</ref>

{{SEEALSO}}
* [[Complete penile amputation]]
* [[David Reimer]]
* [[Jean-Marie Huot]]
* [[Australia]]

{{ABBR}}
{{REF}}

{{DEFAULTSORT:Goldman, Hershel}}

[[Category:Person]]
[[Category:Male]]

[[Category:Jewish]]
[[Category:Judaism]]
[[Category:Male genital mutilation]]
[[Category:Mohel]]
[[Category:Perpetrator]]
[[Category:Physician]]

[[Category:Australia]]