Legal concerns relating to sexual offences against vulnerable participants in sport

Abstract

The purpose of this study is to assess the legal concerns relating to vulnerable participants in sport who are at risk of falling victim to sexual abuse and to gain an insight into the profile of perpetrators. Previous research findings are considered to determine whether perpetrators use specific methods when choosing, grooming, and sexually abusing their victim/s whilst the historic and current trends of sexual abuse in local and international sport are explored in order to determine whether sexual abuse is more prevalent in specific types of sport and on specific levels of competition. This study includes and exploration into national legislation, existing safeguarding policies and codes of conduct in order to determine whether vulnerable participants are effectively identified and sufficiently protected. Relevant local case law is discussed from the perspective of the victims with the goal of establishing whether perpetrators make use patterns and identifiable behaviours which may be useful in predicting future sexual abuse. The role of news and social media in the reporting of sexual abuse in sport is considered with reference to legislation and the South African courts’ stance in matters were an alleged perpetrator is reported using social or news media. Based on the findings of the study, a variety of vulnerable participants are identified, with male child participants found to be at highest risk of falling victim to sexual abuse in South Africa. The perpetrator profile includes coaches, team medical doctors, peer-athletes and opponents, however, findings indicate that the male coach remains the most likely perpetrator of sexual abuse in South Africa.

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