Daas Yochid:
Yekke2, forget about the technicalities – isn’t he a “rodef” because we know how abuse ruins the victims’ lives? I don’t mean literally to <codekill him, but shouldn’t we do whatever we can, including reporting to the authorities, to prevent him from hurting someone else?
I was discussing the Heter as a Roidef, which only applies in certain cases – by a ???? to be ???? any ????? ??????????? over the age of 9/3. This would allow you to ‘transgress’ Hilchos Mesirah.
As I believed I mentioned in “Point (b)” above, even without Hilchos Roidef, the Shach and Sma explain the Mechaber to allow Mesirah in a case where there is monetary or physical harm. So yes, even without being a Roidef it would be allowed to report a confirmed molester.
I also don’t know why deterrence shouldn’t be in the same category. If locking him up will prevent others from abusing, that will save victims from untold agony, serving the same purpose as preventing him from repeating his crimes.
My point was that locking somebody ‘undeserving’ up simply as a deterrence against others perpetrating the same crime is a case of the Ends Justifying the Means, which in this instance would be a problem. You seem to be suggesting that any jailing that would cause less victims should be made, even if not deserving? Imagine, for arguments sake, locking up the Rav of each shul would somehow cause the abuser to take less victims (stupid example). Would you lock up the Rav?