Safe Sport Training Unit 1

Age of Consent 2

Under the law, a person under the jurisdiction's age of consent does not have the legal capacity to consent to sexual conduct. It does not matter whether the person agreed to engage in sexual conduct—they are not of an age where they can legally give consent. Criminal investigation and prosecution can be pursued by law enforcement if one of the parties is under the legal age of consent.

🚫 A lot of child sexual abuse accusations are made up.

✅ False reports, especially among children, are extremely rare.

Intimate Relationship

A close personal relationship (other than a familial relationship) that exists independently and outside of the sport relationship when there is a Power Imbalance. Whether a relationship is intimate is based on the totality of the circumstances, including: ~Regular contact and/or interactions outside of or unrelated to the sport relationship (electronically or in person) ~Parties' emotional connectedness ~Exchange of gifts ~Ongoing physical or intimate contact and/or sexual conduct ~Identity as a couple ~Sharing of sensitive personal information, and/or intimate knowledge about each other's lives outside the sport relationship It is considered a serious breach the SafeSport Code for a coach (or someone in a similar position) to initiate or acquiesce to an intimate or sexual relationship with an athlete who is being instructed by that coach or whose performance is being supervised or evaluated by that coach. Example: A 30 year-old soccer coach dating her 18-year-old athlete.

Age of Consent

Age of consent is the age at which a person is considered legally capable of consenting to sexual contact. Legal age of consent depends on where you live—statutes vary among states, provinces and territories. Under U.S. Center for SafeSport policies, a minor is defined as anyone under the age of 18. Whether or not sexual conduct with someone under age 18 qualifies as sexual misconduct under the SafeSport Code, or criminal conduct under the law, depends on the ages of the people involved and if the relationship involves a power imbalance. For example, if a 17-year-old athlete engages in a consensual sexual relationship with a peer teammate who is 19, this is not a case of sexual misconduct, because the two athletes are close in age, the sexual conduct is consensual and there is no imbalance of power. However, if a 22-year-old coach engages in a sexual relationship with an 18-year-old athlete she has direct supervision over, this is a violation of the SafeSport Code because the coach is in a position of power over the athlete, no matter the athlete's age.

Exposure to sexual imagery or private areas

An adult exposing a minor to sexual imagery. Also, an adult intentionally exposing breasts, buttocks, groin, or genitals (or induces another to do so) to a minor or another adult where there is a power imbalance exists.

Managing High-Risk Situations

By its nature, sport presents special situations which offenders can use to groom and abuse victims. Each card below represents situations that carry a higher risk for grooming or abuse to occur. Your strategy may vary based on your particular sport, practice and/or competition and facilities. Additional information and templates for developing policies designed to keep athletes safe are available in Resources.

Coercion

Consent cannot be obtained through coercion. ~Use of an unreasonable amount of pressure to gain intimate and/or sexual access. ~More than an effort to persuade, entice, or attract another person to engage in sexual activity. ~When a person makes clear their decision not to participate in a form of Sexual Contact or Sexual Intercourse, their decision to stop, or their decision not to go beyond a certain sexual interaction, continued pressure can be coercive. ~Whether conduct is coercive depends on: frequency, intensity, isolation, and duration of the pressure. Example: Two athletes have been dating for a few months. They have not yet engaged in sexual intercourse. One athlete repeatedly pressures the other to "go all the way," threatening to circulate nude pictures of the athlete if they don't finally have sex.

Intimidation

Consent cannot be obtained through intimidation. Implied threat that menaces or causes reasonable fear in another person Example: On a road trip, one athlete ends up in another's hotel room. After watching TV and getting pretty flirtatious, she decides they should probably call it a night. As she gets up to leave, her companion, who is much taller and stronger, bars the door with one arm and begins fondling her with the other, saying, "There's no way you're leaving here now."

Force and/or Threats

Consent cannot be obtained through the use of force or threats. Use of physical violence and/or imposing on someone physically to gain sexual access Use of physical threats or, for example, threatening to reveal private information Example: After a make-out session on a date, an athlete decides things have gone far enough and wants to go home. Their date grabs them by the neck and says if they don't "finish what they started," they're in for a world of hurt.

Incapacitation

Consent cannot be obtained where a person is incapacitated. ~A person lacks the ability to make informed, rational judgments about whether to engage in sexual activity. A person who is incapacitated is unable, temporarily or permanently, to give consent because of mental or physical helplessness, sleep, unconsciousness, or lack of awareness that sexual activity is taking place. ~A person may be incapacitated because of consuming alcohol or other drugs, or due to a temporary or permanent physical or mental health condition. ~Incapacitation is a state beyond drunkenness or intoxication. A person is not necessarily incapacitated merely because of drinking or using drugs. The impact of alcohol and other drugs varies from person to person and is evaluated under the specific circumstances of a matter. ~A Respondent's being impaired by alcohol or other drugs is not a defense to any violation of the Code. Example: After one too many drinks, an athlete passes out at a post-game party. The athlete wakes up to find one of her teammates on top of her. The athlete does not remember how she got here or agreeing to have sex with this person.

Power Imbalance

Consent cannot be obtained where there is a power imbalance. A power imbalance may exist where, based on the totality of the circumstances, one person has supervisory, evaluative, or other authority over another. Whether there is a power imbalance depends on several factors, including: ~Nature and extent of the supervisory, evaluative or other authority over the person ~Actual relationship between the parties ~Parties' respective roles ~Nature and duration of the relationship ~Age of the parties involved ~Significant disparity in age, size, strength, or mental capacity ~Once a coach-athlete relationship is established, a power imbalance is presumed to exist throughout the coach-athlete relationship (regardless of age) and is presumed to continue for minor athletes (under age 18) after the coach-athlete relationship terminates until the athlete reaches 20 years of age. Example: ~A doctor who is responsible for evaluating and authorizing an athlete to return to play after a series of injuries. ~A 19-year-old's former coach (when they were 17-years-old) who had the authority to evaluate athletes and select them for a team.

What is consent?

Consent is at the root of every allegation of sexual misconduct. As a coach, you may be faced with situations where an athlete describes an incident to you, and you need to make a report. For example, a common scenario coaches may find themselves in: While traveling with your team out of town, you receive a report in the morning that an athlete believes they were incapacitated and had sexual intercourse. By understanding the basics of consent, you will be better informed and better able to appropriately handle situations like this if they occur.

Definition of Consent

Consent is: Informed, knowing, voluntary, active, and clear words or actions indicating that a person is legally and functionally competent to indicate permission for specific sexual activity. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent isn't a permanent arrangement. If someone consents to sexual contact in one situation or relationship, it doesn't mean they have consented to it in subsequent situations. Consent can be withdrawn through similarly clear communication. If a person has consented to a certain type of sexual activity with one person at one time that doesn't mean they have consented to the same activity with that person or another person at another time. To give consent: One must be of legal age. The legal age of consent varies by state/province. Under the SafeSport Code, the age of consent is 18. Consent to sexual activity is required no matter the gender, gender identity or sexual orientation of people involved. Without consent means: Consent cannot be obtained through force (physical violence, threat, intimidation, or coercion). A person is incapable of giving consent if they are under the age of 18 (a 3-year close in age exception exists where there is no power imbalance). A person is incapable of giving consent if they are incapacitated (unconscious, lack awareness, or are asleep) during any part of the act. Consent cannot be obtained where a power imbalance exists.

Nonconsensual Sexual Contact/Intercourse

Contact behaviors of a sexual nature or sexual intercourse without consent. Contact behaviors include: any intentional touching of a sexual nature, however slight, with any object or body part (as described below), by a person upon another person, including (a) kissing, (b) intentional touching of the breasts, buttocks, groin or genitals, whether clothed or unclothed, or intentionally touching of another with any of these body parts; and (c) making another touch themselves or someone else with or on any of these body parts. Sexual Intercourse includes any penetration, however slight, with any object or body part of another's intimate areas. Example: One player fondles another player's breast without consent.

MONITORING LOCKER ROOMS AND CHANGING AREAS

Goal: Balance personal privacy and safety Keep it safe ~Conduct regular sweeps (in teams of two) of locker rooms/changing areas. ~Make sure no child is alone with an adult or much older athlete. ~Prohibit the use of any recording devices, including cell phone cameras, in changing areas or locker rooms.

ESTABLISH AN ATHLETE PROTECTION POLICY

Goal: Describe organization's commitment to promoting athlete safety by clearly defining acceptable boundaries Keep it safe ~Define child sexual abuse and all other forms of misconduct in sport ~Identify who the policy applies to ~Specify reporting mechanisms and requirements

MASSAGE

Goal: Ensure appropriate physical contact by qualified professionals, in visible areas Keep it safe ~Massages and rub-downs should happen in areas that are visible to others, so the massage professional and athlete are not alone. ~Any massage of a minor athlete must be done with at least one other adult present. ~Written consent by a parent/legal guardian should be provided before providing each massage. ~Parents must be permitted to be present as observers.

OVERNIGHT TRAVEL

Goal: Ensure proper safety requirements are in place, including proper licensure, insurance, vehicle and compliance with all state/provincial/territorial laws Keep it safe ~Identify an appropriate chaperone-to-athlete ratio based on the type of travel. ~Conduct bed checks in pairs with another adult (do this in mixed-gender pairs if possible). ~Encourage regular contact between athletes and parents during the trip.

LOCAL TRAVEL

Goal: Maximize two-deep leadership and limit one-on-one interactions Keep it safe ~Maintain good communication with parents so they can arrange for their child's transportation. ~Don't transport an unrelated athlete by yourself—have your own child, another athlete or an adult ride along. ~Encourage parents to share transportation duties, so that more than one adult is responsible.

PHOTOGRAPHY

Goal: Prevent misuse of images of children and others through common-sense approaches Keep it safe ~Publish photography of individuals under the age of 18 only with notice and caretaker consent. ~Photography should not be taken or saved if there are any displaced uniforms/clothing and should never be taken in locker rooms, changing areas or bathrooms. ~Sport photography should not include sexualized imagery.

OUT-OF-PROGRAM CONTACTS

Goal: Reduce or eliminate isolated one-on-one interactions; keep off-site events safe Keep it safe ~Set and enforce policies that limit out-of-program contact (such as at a coach's home). ~Make it clear what kinds of off-site activities are allowed, and what supervision is required for these events. ~Set rules around the presence of alcohol at organization events.

SUPERVISION

Goal: Reduce or eliminate isolated one-on-ones Keep it safe ~Conduct meetings where others are present and where interactions can be easily observed and/or interrupted. ~If possible, meet in a publicly visible and open area, such as the corner of a gym or pool deck. ~If an individual meeting needs to take place in an office, keep the door unlocked and open. ~Never meet in a hotel room one-on-one.

What is Grooming?

Grooming is an internationally accepted term used to describe the complex process whereby a person engages in a series of patterned behaviors with a goal of sexually abusing a child. Grooming is initiated when an offender seeks out a vulnerable child who has emotional, familial or social voids in their life. Once a child has been selected, the offender will earn the trust of the child (and potentially their family) by filling the voids in their life. This can facilitate isolation of the child. The offender then sexually abuses the child and engages in behavior to maintain control over the child. Grooming can occur through direct in-person contact or online. The internet provides a sense of anonymity, giving offenders greater and private access to children. Many grooming behaviors are prohibited under the Code, for example, as part of an improper "intimate relationship" when a power imbalance exists. Consider the following situations and choose whether you think the activities describe possible grooming behaviors and what steps you might take in response. There may not be a clear right or wrong answer. You may choose more than one answer.

Summary: Unit 1

In this unit, you have learned: How SafeSport training helps create a more positive environment for your athletes How positive sport environments help prevent issues of abuse and misconduct The definition of sexual misconduct The importance of consent: What it means and when it may be compromised Legal definitions of child sexual abuse What offenders do to identify and groom their victims How victims respond to child sexual abuse and why they often don't report it

Introduction to Legal Definitions

Introduction to Legal Definitions This section will focus on child sexual abuse as defined by state/provincial/territorial laws. However, you should be aware that the SafeSport Code considers the following behaviors involving minors to be sexual misconduct, regardless of purported consent. Under the SafeSport Code: Sexual contact, intercourse, or exploitation involving an adult and a minor is sexual misconduct, regardless of any purported consent: ~Sexual contact or intercourse between an adult and minor [where the age difference is three or more years and no power imbalance exists]Example: Sexual contact or intercourse between a 21-year-old athlete and a 17-year-old athlete would be considered sexual misconduct. ~Intimate relationships between an adult and a minor [where the age difference is three or more years] and a power imbalance exists ~Example: Sexual conduct between a 20- year-old assistant coach and a 17-year-old athlete would be considered sexual misconduct (unless and until the minor reaches the age of 20 and the coach/athlete relationship has terminated). ~Child sexual abuse, as defined by state/provincial/territorial laws and federal laws.

Sexual Exploitation

Sexual Exploitation includes observing, allowing observation of, recording, or photographing private sexual activity or intimate parts without consent of all parties involved, or disseminating images of the same. Sexual Exploitation also includes engaging in prostitution, trafficking, or intentionally exposing another to a sexually transmitted disease without that person's knowledge.

Sexual or gender-related harassment

Sexual or gender-related harassment is any unwelcome sexual advance, request for sexual favors, or other unwanted conduct of a sexual nature, whether verbal, non-verbal, graphic, physical, or otherwise, related to gender, sexual orientation, gender identity, or gender expression when: ~submission to or rejection of such conduct is made a condition of or limits employment or participation in sport; or ~the conduct is sufficiently severe, persistent, or pervasive that it limits the opportunity to participate in sport. Example: A coach practices alone with a player repeatedly, comments on the player's physical appearance, rubs the players back and shoulders, and asks the player on a date. When the player rejects the date, the coach removes the player from the starting line-up.

Age of Consent 3

Some jurisdictions prohibit sexual contact between categories of adults and minors based on a position of power—i.e., when one person has direct supervisory, evaluative or other authority over another. In some areas, teachers, coaches and others are subject to specific criminal penalties for engaging in sexual contact with youth who are 18 years of age or younger (even if the youth has reached the age of consent) if the youth is a student, athlete or in some other relationship where the adult has supervisory authority over the youth.

Child Sexual Abuse

The U.S. Center for SafeSport utilizes the broadest possible definition of child sexual abuse under federal or state laws. Broadly, child sexual abuse includes the employment, use, persuasion, inducement, enticement, or coercion of a child to engage in, or assist another person to engage in, sexually explicit conduct or sexual exploitation of children, including child pornography. Legal definitions vary by state or province. To find guidelines concerning your area, visit in the U.S. or Canadian Sexual Abuse Laws by Jurisdiction in the Resources section. Non-sexual Child Abuse is also a violation of the SafeSport Code. Child sexual abuse will be addressed later in this section. Example: A coach sends nude photos of himself to a 12-year-old athlete.

SOCIAL MEDIA AND ELECTRONIC COMMUNICATIONS

n Balance this primary method of communication with risks for privacy and access Keep it safe ~Limit interaction on social media sites to organization or team pages. Athletes should not join or "like" a coach or volunteer's personal page. ~Keep electronic communication (texts, posts, emails, instant messaging, etc.) professional and related to team or organizational activities. ~Use organizational accounts (such as organizational email addresses) to communicate to athletes, rather than using a personal account.

Child Sexual Abuse: Adult Offender

~Each jurisdiction defines sexual abuse against children within its own criminal code. ~It is generally divided based on the type of contact and the age of the child. ~Each jurisdiction (usually, the state/province/territory) determines the age of consent for sexual activity. ~When there is a report of sexual abuse against a child, law enforcement and/or the Department of Human Services (DHS) may be involved.

Child Sexual Abuse: Offender and Victim Under Age 18

~Sexual conduct between peers is defined by each jurisdiction. ~It is important to clearly understand the laws of your jurisdiction. ~In some cases, a teen engaging in sexual activity with a slightly younger teen, even in a dating relationship, may be committing a criminal offense. ~Sexual conduct between young children may be experimentation, but don't assume it is. ~It is important to clearly understand the laws of your jurisdiction. ~Sexual conduct between young children and older children is very often criminal behavior. ~How that behavior is handled by law enforcement (and the U.S. Center for SafeSport) will depend on the ages of the children. ~Even if there was no criminal conduct, when use of force or severe conduct (penetration involved) occurs between children of disparate ages, evaluation by a medical and/or mental health professional is strongly recommended.

🚫 People who sexually abuse children make everyone around them feel uneasy.

✅ Offenders are very skilled at deception. Many are well-liked and highly trusted, not only by victims, but by parents and their colleagues as well.

🚫 Sexual abuse happens more in individual sports, not team sports.

✅ Sexual abuse can happen in any sport.

🚫 Sports where athletes are less covered by their uniforms are especially prone to cases of abuse.

✅ There is no connection between how much an athlete wears to compete and whether they are more likely to be abused.

🚫 Women don't sexually abuse children.

✅ Women can and do sexually abuse children.