QID protection, and shall be given YO I I TH opportunities and facilities, by able him to develop physically, SPORTS mentally, morally, spiritually normal manner and in condi- . i -.. tions of freedom and dignity. i ?7 ABUSE The child shall enjoy special i i law and by other means, to en- 1 :7 and socially in a healthy and i In the enactment of laws for . This document has been prepared this purpose the best interests i and compiled by the United States . of the child shall be the para- 9 Gymnastics Federation staff, its vol- - mount consideration. 3 unteers, comiruttee members and athletes, under the guidance and - . - supervision of numerous profession- Ug?gcliilgois Declaration als who are directly involved with . of the Rights of the Child, .. the child and sexual abuse issue. It is November 20 1959 the hope of the USQF that this docu- ment Will help aSSist our coaches, Special thanks to the Baltimore County i i -, athletes? Clubs and memb??:s t0 de_al rtment a, $0an $01?.me M, yVith one of the most senSitive soc1al q? . . . 5 issues of today. .1, pie-publication review. CHAPTER ONE SEXUAL ABUSE IN YOUTH SPORTS Sexual abuse is emerging as one of the major forms of child abuse. Throughout the late 1970?s, official reports of sexual abuse began to increase at a rate much more rapidly than that experienced with reports of any other form of abuse. The number of reported cases each year in the United States continues to increase. However, for each case of sexual abuse that is reported, it is estimated that ten cases go unreported. Sexual abuse of children, in the broadest sense, encompasses a wide range of behavior including fondling, forcible and statutory rape sexual inter- course with a minor, oral sex, genital exposure and exhibitionism, inappropriate kissing, sexual assault, commercial exploitation of children in pomogra- phy, pedophilia, and incest. In the Code of Federal Regulations, Public Wel- fare, the Office of Human Development Services, HHS Part 1340.2, defines the term ?sexual abuseCHAPTER ONE 1 including the following activities under circum- stances which indicate that the child?s health or welfare is harmed or threatened with harm: I the employment, use, persuasion, inducement, enticement, or coercion of any child to engage in, or having a child assist any other person to engage in, any sexually explicit conduct (or any simulation of such conduct) for the purpose of producing any visual depiction of such conduct; or I the rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children. .. - With respect to the definition of sexual abusethe term ?child? or ?children? means any individual who has not attained the age of eighteen.? Elements Involved in Child Abuse and Child Sexual Abuse Situations l. The major characteristics of sexual abuse are: a. The acts involve children and are of a sexual nature in that they give the perpetrator a sense of sexual stimulation and/ or gratification. b. The acts are considered inappropriate by society. c. The adults have a substantial advantage in authority, power and sexual sophistication over 1 their child partners. These advantages usually grow out of a preexisting relationship the offender has with the child. 2. For the most part, sexual abusers have an easy access to their victims. A sexual abuser is a person usually in a position of authority. The abuser uses that authority to take advantage and to control an individual markedly younger and less powerful. 3. In a sexual abuse situation, the child does not have the freedom to say yes or no. 4. There is no such thing as a consenting child in matters of sexual abuse. The child lacks the capacity to decide matters of long range consequence. 5. The financial cost society bears to deal with the results of child abuse is enormous. The cost in human suffering and wasted individual potential is immeasurable. Facts About Sexual Child Abuse VICTIM IS NEVER AT FAULT IN SEXUAL ABUSE *Approximately 1 in every 500 children in the United States is reported for being sexually abused. *In the United States, authorities estimate that 1 in 4 girls and 1 in 8 boys by the age of 18 will be sexu- ally victimized. Recent literature suggests that the number of boys abused is much higher, perhaps almost as many boys as girls are being abused. *In 1985, an estimated 113,000 children were re- ported with sexual maltreatments. INSEXUAL ABUSE ?Sexual abusers come from all races and religions, all educational and career levels, all age categories and all socioeconomic levels. *Most sexual abusers are respected members of the community and are often family members, *Eighty percent of the children who are assaulted are taken advantage of by someone they know. Usually it is a person the child knows quite well, and is an individual the child trusts. VICTIM IS NEVER AT FAULT . "Sexual abusers may be of any age from adoles- cence to old age. Sexual abusers have many logical problems. They are often individuals who 5 4 . CHAPTER ONE do not feel comfortable with people their own age. 1 They choose children to meet their needs because children are less threatening to them. sexual abuser exploits children for his her own I sexual grati?cation. The abuser is more interested in satisfying his/ her own needs rather than protect- ing the welfare of the child. In addition to sexual gratification, the offender usually uses the abuse situation as an opportunity to experience power and control in a relationship. This can be very gratifying as well and becomes an important ingre- dient in continuing the cycle of abuse. *It is the adult abuser who is totally responsible for the exploitation of the child. ?Most sexual abuse of children is nonviolent. FAULT IN SEXUAL ABUSE ?Sexual abuse is committed primarily by men. Men constitute approximately 95% of the perpetrators in 5 cases of abuse of girls and 80% in cases of abuse of . boys. I, *Many sexual abusers who choose girls as their victims see the girls as much older than they really are, and therefore rationalize the girls are appropri- I 6 sexual orientation is to children, bring themselves down to the level of the child. sexual abuser who chooses boys as his victims is usually not a homosexual. He is attracted to boys because they are children, not because they are males. VICTIM IS NEVER AT FAULT IN SEXUAL ABUSE *Many sexual abusers were victims of sexual or physical abuse themselves as children. They abuse children because it allows them to feel like a power- ful person, instead of being a victim. *Most sexual abusers of children will continue to do this until they are stopped by outside intervention. i ate sexual partners. Other abusers, whose primary CHAPTER TWO ALL TYPES OF CHILD ABUSE SEXUAL CHILD 3 ABUSE ARE WRONG The harmful effects of sexual child abuse encompass physical effects and emotional effects. Physical Effects It is in only a small minority of cases where the physical effects of sexual abuse are apparent. These include: Scarring in the vaginal or rectal area - Impregnation of the victim - Transfer of venereal diseases and/ or AIDS - Damage to reproductive organs Emotional Effects The emotional effects of sexual abuse can be devas? tating not only to the children, their parents and family members, but also to adults who were mo- lested as children. Victims of sexual abuse do not CHAPTER TWO always experience the same feelings and emotional reactions. It is often that the impact of abuse does not appear until the victim reaches adulthood. of the emotional impact of sexual abuse include: - The Loss of Childhood, in that the victim has been introduced to the adult world of sexuality and, consequently, feels older than his/ her peers. In addition, innocence has been taken from the child which can never be replaced. - Guilt, in that the victim feels as if the abuse were due to something that he/ she said or did; or on the other hand, that the victim was not able to stop the abuser. - Low Self-Esteem, resulting from the victim?s feeling like a "bad child" involved in inappropriate sexual activity. - Fear, comprised of fear of physical harm, the event of the sexual abuse being discovered, and the anxiety of the next incident of molestation. - Confusion in one?s sense of right and wrong and in one?s sense of personal identity. - Depression, possibly leading to suicide, drug 9 CHAPTERTMK) and alcohol abuse, running away, self abusive behavior, eating disorders anorexia nervosa and bulimia, etc.) - Anger arising from being mistreated, anger to- ward the abuser and self anger arising within the victim for not being able to change and escape the abusive situation, and often also toward other parental figures who failed to protect. Over a pe- riod of time, this can even lead to frequent head- aches, ulcers, colitis, depression, suicide, etc. - Inability to Trust Others caused by a betrayal of trust by an adult the child respected and trusted. Women who have been molested by a male will sometimes have trouble trusting men. - Helplessness, resulting from the victim?s feeling powerless, defenseless and vulnerable to the abuser. - Attitudes Toward Sexuality involving mutual sharing, concern for the needs of both partners, re- spect and trust which are completely absent in a situation of child sexual abuse. In the future, the victim could feel unworthy of relationships with members of the opposite sex, or deny him/ herself any sexual feelings and/ or sexual contact, even with one?s spouse. Another possible outcome is that sex becomes a tool to manipulate others, and may lead to promiscuity or difficulties in intimate rela- tionships. CHAPTER THREE 3, LEGAL ASPECTS OE SEXUAL ABUSE a The fundamental notion underly- i ing the laws prohibiting the sexual abuse of chil- dren is that the government has a compelling inter- est in safeguarding the physical and well being of minors. This notion has given rise to a panoply of laws designed to protect children'from sexual abuse which are generally broader in scope and more severe in sanction than comparable statutes dealing with crimes against adults? Although the laws differ from state to state they generally share four common features: (1) they . make criminal specific types of conduct which 15 sexual in nature; (2) where the victim is below a. specific age; (3) the person engaging in the prohib- ited conduct is above a certain age; and (4) they often impose criminal liability regardless of the intent of the offending adult. 1 1. Age of the Victim. These statutes outlawing sexual abuse establish a maximum age for Victims which is often lower than that employed elsewhere .. . ll 1 CHAPTERTHREE in the criminal code to define a minor. Thus, for example, a state?s sexual abuse statute may apply only to victims who are less than 16 years old even where the normal age of majority is 18. These maximum age provisions do not represent an absence of criminal sanctions where the victim is beyond the statutory age, but rather the applicabil- ity of other more traditional sex crimes statutes. 2. Age of the Offender. Designed to avoid at- taching criminal significance to the innocent actions of one minor child toward another, the sexual abuse statutes typically require that the violator be at least 16 years of age. 3. Objectionable Conduct. Most of the statutes focus on touching or fondling, intercourse and deviate sexual conduct. Criminal ?touching? under these statutes need not necessarily involve the touching of genitalia, and may occur even though the victim remains fully clothed. In some cases, the statutes apply even where there was no physical contact the victim having been witness to or encouraged to participate in some sort of deviate sexual conduct. 4. Intent of the Offender. For some forms of sexual abuse, a specific intent on the part of the offender is required. For example, in the case of statutes prohibiting touching or fondling the of- fender must believe that the outlawed conduct would arouse or satisfy sexual desires Require- ments or specific intent do not, however, typically apply to the more egregious types of sexual abuse, as for example, sexual intercourse. Thus in a state which prohibits sexual intercourse with a child under the age of 16, a criminal violation results even if the offender reasonably believed that the minor was above the minimum age and had granted consent. Punishment for sexual abuse crimes is usually related to the nature of the offending conduct. In Indiana, for example, touching or fondling is pun- ishable by five to eight years in prison; sexual intercourse or deviate sexual conduct is punishable by ten to twenty years in prison; and any of these types of conduct accompanied by a threat of deadly force 15 punishable by thirty to fifty years in prison. Reporting Requirements The vast majority of the states have also adopted laws which make the failure to report sexual abuse a crime. Originally extending only to physicians who were required to report nonaccidental injuries to children, these statutes have been expanded (by amendment and judicial interpretation) to apply to other individuals considered uniquely responsible for the welfare of children, as for an example a 13 CHAPTER THREE . CHAPTER THREE teacher. Typically these laws require that a report be made whenever there is reasonable cause to believe that a child has been sexually abused. The obligation may arise as a result of either personal observations or the report given by a minor. Civil Liability Both sexual abuse and the failure to report sexual abuse may give rise to civil as well as criminal liability. The victim, or more likely a guardian, may file a lawsuit seeking damages for sexual assault and/ or battery while also prosecuting a criminal action based upon those same facts. It is important to note in this context that an em- ployer may be liable for the acts of an employee, especially when that conduct involves a customer and takes place on the employer?s premises. Liabil- ity also extends to any person who encourages, incites, aids or abets the offender. As is the case under the criminal statutes, a defense that the minor consented to the objectionable conduct is typically unavailing in civil actions of this sort because the law does not attribute to minors the legal capacity to consent to such conduct. Civil actions of this sort may result in an award of both compensatory and punitive damages. -wwm.~ CHAPTER FOUR DON enter the lavatory or locker room alone with only one child. allow a male coach to be the sole chaperone at an away girls? meet, regardless of the age of the children. allow a child'to be picked up at the by another parent without prior written parental consent. - DON vacate the premises as the last remain- ing staff member if a child or children are still awaiting to be picked up. DON ignore the situation. DO have as a club policy that one-on-one sess- ions between a gymnast and a coach are STRICTLY PROHIBITED. When travelling and at meets, DO encourage gym- nasts to enter the lavatory and locker room facilities in groups of at least two (2) at all times. At your or club, in addition to separate lava- tory and locker room facilities for boys and girls, DO have separate facilities for coaches and staff as well. DO assign a staff member to keep an on the lavatories and locker rooms. DO try to send both a male and female chaperone to all away meets. DO encourage the gymnasts in your program to inform you if they are not comfortable with the manner in which they are being Spotted. DO run references and background checks on previous employment and history prior to deci- sions being made on hiring new coaches and staff. To the best of your ability to determine, coaches staff should have healthy adult relationships and mm 2 not appear to relate primarily to children. DO believe a gymnast who informs you that he/ she is being or has been sexually abused. It is rare that a child will lie about sexual abuse. DO com- mend the child for telling you about the situation. DO take action if a sexual abuse situation is occur- ring at your gym. Keep in mind that if you do nothing immediately, other children will continue to be at a risk. If an incident is occurring or has occurred at your gym. DO inform the respective parents and DO- inform the local authorities. If a child discloses a sexual abuse situation in the home, inform the parents. First notify the police and/ or the local -. child protection agency. DO seek out appropriate . medical attention if it is possible that the child has been physically injured as well. DO keep open the lines of communication. DO f85pect the gymnast? and family?s privacy. DO be careful not to discuss the incident in front of people who do not need to know what has happened. DO discuss this pamphlet and the matter of sexual abuse with your coaches and staff. DO explain the seriousness of the situation, the effects it does and will have on children. DO make sure that the LEGAL CONSEQUENCES are known. 17 CHAPTER SIX The following organizations and resources are available for further information: American Association for Protecting Children, Inc. American Humane PO. Box 1266 5, Denver, Colorado 80201 CHILDHELP, USA 6463 Inde ndence Avenue Woodlan Hills, California 91367 818/347-7280 Clearinghouse of Child Abuse and Neglect Information PO. Box 1182 Washington, DC 20013 703 821-2086 (This or anization can provide a complete listing of each US. State Child rotection Agency.) The C. Henry Kemdpe National Center for the Prevention and Treatment of Chil Abuse and Neglect 1205 Oneida Street Denver, Colorado 80220 303 321 -3963 National Center for Missing 8: Exploited Children 1835 Street, .W., Suite 700 Washington, DC 20006 202/634-9821 National Committee for Prevention of Child Abuse 332 South Michigan Avenue, Suite 950 Chica 0, Illinois 60604?4357 312/6 3-3520 5 The National Exchange Club Foundation for the Prevention of Child Abuse 3050 Central Avenue Toledo, Ohio 43606 419 535-3232 Baltimore County Department of'Social Services 620 York Road, Townson,MD 21204 301 494-2520 In addition to the previously listed organizations, the following publications have been utlized in the production of this document: Cooney, Judith Coping With Sexual Abuse. The Rosen Publishing Group, New York, 1987. Daugherty, 8., Why Me? Help For Victims of Child Sexual Abuse Even If They Are Adults Now. Mother Courage Press, Racine, Wisconsin, 1984. Finkelhor, David Child Sexual Abuse, New Theory and Research. Collier MacMil- lan Publishers, London, 1984. Mayhall, Pamela D. and Norgard, Katherine Eastlack Child Abuse and Neglect. John Wiley and Sons, Inc., New York, 1983. Published By United States Gymnastics Federation Pan American Plaza 201 S. Capitol Ave. Suite 300 lndianapolis, Indiana 462.25 1988