When kids participate in sports, they achieve all kinds of benefits, such as improved physical health, better mental health, and enhanced social skills. Playing sports is where parents put their trust in coaches and organizations to create a safe space for their children to have fun and flourish.
They certainly don’t expect their children to suffer abuse.
Sadly, instances of abuse occur at all levels of sport. Consider these alarming statistics collected by Child Help, an organization dedicated to the treatment and prevention of child abuse:
- 80% of athletes indicate experiencing at least one incident of psychological harm or neglect while participating in youth sports.
- 22% of athletes indicate they were intentionally physically harmed during their participation in youth sports.
- 14-29% of athletes have been a victim of at least one form of sexual violence before age 18.
Athlete sexual abuse with coaches as the perpetrator accounts for 0.2-9.7% of cases.
47% of athletes entering college have already experienced some form of hazing abuse.
When incidents of abuse happen to their children, parents can feel a combination of rage and hopelessness. They might not be sure of what to do or who to hold accountable.
The best course of action is to speak to a supportive Philadelphia child sexual abuse lawyer. That attorney will be able to provide information about who to hold accountable and how to pursue a claim. It might mean filing a complaint against an entire institution.
Understanding Institutional Liability for Sports Abuse
There are certain personal injury cases where a business can be held liable for an accident that occurred on its property. These are referred to as premises liability cases, in which a business owner or manager can be sued for damages arising from an injury to a customer visiting the premises.
In certain circumstances of sports abuse, institutional liability may apply. That holds institutions such as schools, leagues, and clubs responsible for the abuse. This is the same approach that is taken against church organizations when a clergy member is the abuser.
In order for institutional liability to be applicable, the institution can be found liable under the following circumstances:
Negligent Hiring and Retention Practices
Anyone hired by an institution must undergo a thorough vetting process. That means all coaches and other employees should undergo criminal background checks. That could also include fingerprinting. If a staff member is found to be engaged in misconduct, they should not be retained.
Negligent Supervision
An organization can’t just hire someone and then leave them to their job. They need to continuously monitor the employee and their interactions with the children, especially when parents are not present. This is known in the law as “in loco parentis” or “in place of a parent.” Without a parent present, the institution is responsible for any foreseeable harm.
Failing to Comply with Mandatory Reporting
Pennsylvania law obligates the role and responsibility of a mandated reporter. This law requires the prompt reporting of any suspected child abuse. Failure to report can lead to the institution being held liable for the abuse.
These are the circumstances that need to be thoroughly investigated in order to support your claim.
The Role of Title IX in School Sports Abuse Cases
Title IX is a federal civil rights law that prohibits sex-based discrimination in any education program or activity that receives federal funding. That protection also extends to sex abuse. The law also requires educational institutions to protect students from harassment and sex abuse in sports.
Title IX defines sexual harassment as the following:
- Sexual assault
- Sexual violence
- Stalking
- Dating violence
The law mandates that any allegation of abuse be investigated immediately. This is another issue where failure to comply with the law can increase the likelihood that they will be found liable for any abuse that occurred under their purview.
Identifying Signs of Grooming and Institutional Betrayal
Grooming is a manipulative process that young victims of sexual abuse are put through by their abusers. It is an attempt to build trust by creating a false sense of security. It happens in stages, and it is vital for every parent who leaves their child in the care of an adult to be aware of what it entails.
- Isolation: This is an ongoing attempt to separate a child from their peers and family to provide exclusive access.
- Special Attention and Favors: When a child receives excessive gifts, affection, or privileges from an adult, it may indicate grooming.
- Boundary Violations: These violations can include “accidental” touching or tickling. It can also extend to showing the child pornography in an attempt to desensitize the child.
- Excessive Privacy: An abuser will often demand that the child share secrets with them and encourage them to engage in private communication such as text, FaceTime, or over media. That might also try to set up private in-person meetings.
- Grooming Caregivers: When an abuser sets their sights on a child victim, they might also attempt to build trust with parents or authorities. They do this by often acting overly helpful or charismatic.
It is important for parents to have an open and honest relationship with their children.
Parents should ask about any interactions the child has with an adult outside their supervision. It is also a good idea for parents to occasionally check their child’s phone records.
This isn’t spying so much as it is looking out for anything suspicious that needs to be addressed immediately.
Statutes of Limitations for Sports Abuse Lawsuits
Each state establishes statutes of limitations for personal injury lawsuits. These are the legal time limits an injured party has to file a civil complaint. In Pennsylvania, the statute of limitations for a personal injury is two years from the date of the accident.
With sports abuse lawsuits, there are exceptions to the limitations.
A child survivor of sexual abuse has until they turn 55 to file a civil lawsuit. That might seem like an extremely long time, but it is not uncommon for victims to suppress the memories. They might also feel shame and not want to come forward until they see another victim step up.
If an adult is abused, they fall within the two-year limitation. However, if a claim is made against a government entity, such as a school, a special notice must be filed within 6 months of the incident.
Steps to Take When Reporting Abuse to an Organization
No parent wants to face their child being abused, but if that occurs within a sports organization, it is vital to take prompt action. Reporting the abuse is often one of the first steps toward accountability. It is a sad state of affairs that many institutions already have internal reporting systems in place.
When you report an abuse incident, it should trigger an immediate response and can help prevent further harm.
It is important that you document everything, including the following details:
- Dates and times of incidents
- Names of coaches, staff members, or witnesses
- Text messages, emails, or social media communications
- Photographs or videos
- Medical or counseling records
Creating a written timeline of events can help a Philadelphia child sexual abuse lawyer identify the negligent supervision and any possible institutional failures.
In many cases, abuse should also be reported outside the organization. This may include:
- City of Philadelphia Hotline: (800) 932-0313
- Local law enforcement
- School district officials
Consult an Attorney to Protect Your Rights
Some organizations may ask victims or families to sign waivers or confidentiality agreements as they begin discussions of a possible settlement. While it might seem like these documents are following legal procedure, they might actually limit your legal rights or ability to seek fair compensation.
That’s why you need to speak with an experienced attorney before signing anything.
The legal team of Laffey Bucci D’Andrea Reich & Ryan understands the sensitive nature of child abuse claims. We handle each accusation with discretion and confidentiality. Our goal is to hold the institutions and abusers accountable and help stop this from happening to other families.
If your child has been the victim of any level of abuse, we want to hear what happened.
Call our office to schedule a free consultation today.
You don’t have to go through this alone.