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{{Construction Site}}Dr. '''{{FULLPAGENAME}}''' , B.Sc., MBBS, FRACGP, is a [[Circumcised doctors| circumcised doctor]], general practitioner , and Jewish ''[[mohel]] '' who practises medicine in Melbourne, Victoria, [[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| penises]] of two boys while performing [[Brit Milah| ritual circumcisions ]] in homes, although he may continue to practise medicine.<refname="dailymail2024">{{REFnews
Many Jews believe Boyle et al. (2000) suggested that the ritual of [[Brit Milahcircumcision]] is required by the so-called [[Abrahamic covenant]], of incompetent minors may constitute criminal assault. They also suggested that civil liability may apply and cited cases in which is the most sacred ritual of [[Judaism]], although it is increasingly being questioneddamages were obtained for circumcision.<ref>httpGregory J Boyle, J Steven Svoboda, Christopher P Price, J Neville Turner. [https://www.amazoncirp.comorg/Questioning-Circumcision-Perspective-Ronald-Goldmanlibrary/dplegal/0964489562boyle1/Circumcision of Healthy Boys: Criminal Assault?] 7 J Law Med 301 (2000).</ref>
Add text.
|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
|website=
|date=2024-05-24
|accessdate=2024-05-25
|format=
|quote=
}}</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.
[[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>
{{SEEALSO}}
* [[Complete penile amputation]]
* [[David Reimer]]
* [[Jean-Marie Huot]]
* [[Australia]]
{{REF}}
{{DEFAULTSORT:Goldman, Hershel}}
[[Category:Jewish]]
[[Category:Judaism]]
[[Category:Male genital mutilation]]
[[Category:Mohel]]
[[Category:Perpetrator]]
[[Category:Physician]]
[[Category:Australia]]