Can an enabler be prosecuted? Is there a legal precedent for such prosecutions in any jurisdiction you are aware of?
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Statutes criminalising the bystander exist in 10 US states and 26–28 countries worldwide.
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Similar statutes for the enabler will require a concerted effort moving forward.
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The enabler is distinct from an accomplice, co-conspirator, and someone who is aiding and abetting.
What legislative changes does Prof. Guiora suggest to protect athletes from abuse in sport?
- Criminalise the bystander and enabler
- Financial penalties
- Permanent banning from sports
- In the US: stricter enforcement of Title IX.
What can international sports federations do to protect athletes?
- Recognise the vulnerability of athletes
- Establish reporting mechanisms predicated on believing the athlete who reports/complains
- Develop institutionalised paper trails documenting complaints and steps taken
- Act aggressively against perpetrators, bystanders, and enablers alike
- Hold federation/ organisational leaders directly accountable for the misbehaviour of coaches and trainers
- Impose financial penalties on organisations (in addition to sanctions against individuals)
- Avoid engaging in self-congratulatory behaviour.
Are these guidelines applicable to women in sport only or also to women in other settings?
It is important to realise that survivors are by no means female athletes only. Males athletes can be and are victims of abuse, too. Furthermore, the legislation applies to various settings across society and is not limited to sports.
What percentage of bystanders and enablers are also survivors?
We do not know this beyond anecdotal evidence. Overall, the data on abuse in sports that we have is extremely limited.
How can we shift the enablement culture, particularly in patriarchal societies?
It is important to recall that the enablers, just as perpetrators, are not necessarily male. Female coaches, trainers, and administrators enabled Larry Nasser’s decade-long abuse of athletes.