A member of Melbourne’s ultra-orthodox Jewish community now living in Israel says he feels vindicated and free despite his abuser walking free from court and avoiding more jail time.
Velvel Serebryanski, 61, was last December found guilty of three counts of indecent assault and one count of sexual penetration of a child between 10 and 16.
On Friday the Victorian County Court handed Serebryanski a 22 month jail sentence, with 19 months suspended, meaning he would only be required to serve three months behind bars.
But because he had already spent time on remand in the United States in 2023, Serebryanski was able to walk free from court.
Serebryanski was also handed a three-year good behaviour bond and is now a registered sex offender.
Manny Waks, 49, who now lives in Israel, was of primary-school age when the assault happened in the women’s bathrooms of Melbourne’s Yeshivah Centre synagogue, in St Kilda East, in the 1980s. The assault occurred on the first day of Shavuot, an annual Jewish celebration.
Manny Waks was sexually abused by Velvel Serebryanski in the 1980s. (ABC News: Sophie McNeill)
Mr Waks watched the sentence being handed down by videolink from Israel in the early hours of Friday morning.
After the hearing, Mr Waks celebrated the outcome and described it as a significant milestone.
“I feel vindicated and that justice has prevailed,” he said.
“I know he has walked away today but … for me it’s not about punishing him and making him miserable for the rest of his life.
“It hasn’t been about revenge and retribution, it’s about justice, accountability and prevention.”
Since 2011, when Mr Waks went public with the assault, he has been a vocal advocate for Jewish victims and survivors of child sexual abuse.
He founded several organisations to help support and give a voice to abuse victims within the ultra-orthodox Jewish community.
Mr Waks was an advocate for victim-survivors in the case against Malka Leifer, the former principal at the ultra orthodox Adass Israel School in Melbourne.
Mr Waks was also successful in advocating for the 2015 Royal Commission into Institutional Responses to Child Sexual abuse to examine the response to allegations of child sexual abuse by three people at the Yeshivah Centre and the Yeshivah College in Melbourne.
He says while he is still dealing with the ongoing trauma of the assault, he will continue to fight for victim-survivors and will move towards helping people deal with PTSD and their mental health struggles.
“Years ago, uttering the words ‘child sexual abuse’ wasn’t really accepted. You could see people feel uncomfortable,” he said.
“[But] when I started talking about this issue, we have seen there has been a significant change in society.
“There is a lot to be done, but probably the most important thing is to talk about it openly and to change the culture around these issues.”
Perpetrator ‘socially cloistered’, exploited trust
In sentencing Serebryanski, Judge John Kelly acknowledge his cloistered upbringing within the ultra-orthodox Jewish community in Melbourne, and his lack of access to mainstream media and sexual education.
Justice Kelly described the abuse of Mr Waks, who was only 10 or 12 at the time, as profound.
“Your abuse of him occurred inside one of the most sacred sites in the Jewish community, the synagogue,” Justice Kelly said.
“You knew the victim’s family, they trusted you … you exploited a high holy day.”
Velvel Serebryanski was able to walk free after his sentencing in the County Court. (ABC News: Patrick Rocca)
Justice Kelly also denied Serebryanski’s claims about how the offending unfolded.
“You said you were only following the victim’s lead … that you were the inexperienced one … you suggested he was more sexually advanced than you,” Justice Kelly said.
“I accept that you were unworldly and socially cloistered.
“But it does not excuse your offending.”
Serebryanski extradited to Australia in 2023
The court heard how Serebryanski, who was in his early 20s at the time, had developed a sexual interest in Mr Waks, and followed him upstairs at the Yeshivah Centre one morning at 1am, where he had gone to rest during a late night study session during Shavuot.
The prosecution outlined that Mr Waks had become aware he was being followed and lay down on a bench near another boy thinking it would be the safest place to be.
However, Serebryanski came over to Mr Waks and began touching him around his groin, undid his belt and unzipped his pants.
Serebryanski then led Mr Waks to the women’s bathroom and continued to assault Mr Waks by touching his genitals and performing oral sex.
The court also heard how Mr Waks felt like he “blacked out” at some point and didn’t know how long the assault lasted, but remembered getting up from the bathroom floor, dressing himself, and being in a state of shock over what had happened.
As an adult, Serebryanski moved to New York, but was eventually extradited back to Australia in 2023 after he was arrested and spent time in a New York jail.
Manny Waks in 2015 after a Royal Commission hearing.
 (ABC News)
In 2017 Mr Waks tried to confront Serebryanksi about his offending, and turned up at his home in New York with a documentary film maker.
During that filmed interaction Mr Waks received an apology from Serebryanski, who denied, in part, his guilt.
‘”I tried to do what I thought you wanted and … as it seems now that it had caused you pain, I am extremely sorry for that,” Serebryanski said at the time.
“I never wanted that … that was the last thing I wanted.”
Justice Kelly took that interaction into consideration in sentencing and described his remorse as “tricky”.
Serebryanski was also described in court as “compassionate, trustworthy and charitable” by multiple character references put forward by friends.