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Hershel Goldman

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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
|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
|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>
 
Many Jews believe that the ritual of [[Brit Milah]] is required by the so-called [[Abrahamic covenant]], which is 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]].
Non-therapeutic "cosmetic" circumcision has long been banned at public hospitals in [[Australia]].<ref>{{REFjournal
}}</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>
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
|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>
 
It is not clear what civil and/or criminal penalties Dr. Goldman may face.
 
{{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]]
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