Sexual harassment and abuse in sport: some legal and criminological considerations

Abstract

Sexual harassment and sexual abuse are not uncommon in the world of sports. Many athletes, especially female athletes, have been victims of violence, intimidation and abuse. For many years, victims remained silent and hid their experiences for fear of condemnation by society and the media, but recent trends show that the situation is improving. More and more athletes are speaking out against sexual harassment and abuse in the world of sport. From a legal point of view, the main feature of sexual harassment cases is that the burden of proof can be shifted to the accused. In criminal law, this mechanism raises concerns about a possible violation of the presumption of innocence. However, as international sports federations apply a lower standard of proof in disciplinary cases, this procedural feature is viewed favourably. At the same time, it should be noted that a lower standard of proof does not in any way mean that sexual harassment and abuse cases can be investigated with less responsibility or sensitivity. On the contrary, the legal and criminological specificity of this phenomenon implies that the boundaries between sexual abuse, sexual harassment, unprofessional conduct, and mere flirting must be clearly defined. Appropriate delimitation ensures, on the one hand, that perpetrators do not escape responsibility, even if it is relatively minor, and, on the other hand, protects the innocent against unfounded accusations.