M3 Understanding Sexual and Physical Maltreatment

Athlete A (Larry Nassar Case)

Documentary: Athlete A on Netflix

Perpetrator: Larry Nassar, Olympic Team USA Gymnastics doctor for 25-29 years

Key Themes from Documentary:

• Power dynamics within sport system

• Cover-ups and organizational complicity

• Lack of legal intervention

• Athletes trained to be “obedient and felt powerless”

• Highlights how abuse is often a systemic problem, not just the case of “one bad actor”

Athlete A Case Details

• Nassar was also employed by a university, besides USA Gymnastics

• Multiple reports over years; it was an “open secret”

• Reports made to the university and FBI were not acted upon

• 2016: Indicted for possession of CP and criminal sexual misconduct

• 2017: Lawsuit filed against Nassar, USA Gymnastics, and Michigan State University MSU

• Over 200 victims came forward

• Sentence: Up to 125 years in prison (effectively life)

• Settlement: $138.7 million to victims

Significance:

• One of the first widespread accounts of maltreatment in North America

• Coincided with the #MeToo movement (2016-2017)

• Highlighted the lack of protection for even highly successful athletes (e.g. Olympic champions like Aly Raisman, Simone Biles)

Hockey Canada Trial

Incident (2018): A woman reported sexual assault after a Hockey Canada World Junior team gala in London, Ontario

Initial Response: London police investigated, no charges laid, case closed

Civil Lawsuit (2022): Filed by the woman; Hockey Canada settled out of court for an undisclosed amount (often tied with NDAs to ensure silence)

Hockey Canada Investigation:

• Discovery of a National Equity Fund (totaling $7.8 million) for financing settlements related to sexual misconduct. Essentially a “hush” fund

• Funds originated from Sport Canada funding and youth registration fees

Hockey Canada Case Reopening

Hockey Canada case reopened in 2024

• More evidence, new info, and technologies led to five members of the 2018 World Junior Hockey Team being charged with sexual assault

Trial (2025)

• High-profile, complex, with multiple delays and mistrials (due to jury intimidation)

• Converted from a jury trial to a judge-alone trial

• Verdict: Players were acquitted as the Crown did not meet he burden of proof “beyond reasonable doubt”

Aftermath:

• Raised significant questions about the culture of sport and hockey, and the misuse of funds

• Entire Hockey Canada board forced to resign; new CEO brought in

• Highlighted the difference between legal accountability (based on evidence and burden of proof) and social accountability (what society deems acceptable conduct)

Legal System and Sexual Assault

Difficult of Proof:

• Burden of Proof: Requires evidence “beyond reasonable doubt” — difficult to meet for sexual assault cases

• Often “one person’s word against another” as incidents typically occur privately w/o recorded evidence

• Difficulty for victims to discreetly record evidence

Factors Regarding the Legal System and Sexual Assault

1. Consent

2. Credibility

3. Delayed Reporting

4. Victim Blaming and Stereotypes

5. Power and Status

6. Impact of AI

7. Trauma-informed legal system

Consent

In these legal cases, interpretation of consent is crucial and complex

• Capacity to give consent (e.g. under influence of drugs/alcohol) and its determination

• Coercion: Consent can be undermined by pressure, even if verbally given (e.g. recording consent in front of multiple intimidating individuals)

Credubukuty

Who is believed often plays a significant role

Delayed Reporting

Reporting sexual assault is often delayed due to trauma, shame, fear of reputational damage, and fear of not being believed

• Low success rate of sexual assault trials often discourages reporting

Victim Blaming and Stereotypes

Pervasive myths: “asking for it,” “seeking clout,” “they wanted it.”

• Especially common in sport and fraternity cultures

Power and Status

Unbalanced power dynamics often make cases more complex

Impact of AI

While AI can help extract new evidence, it also poses challenges in authenticating video/audio evidence, potentially making claims harder to prove due to manipulation concerns

Trauma-Informed Legal System

Currently, there’s a long way to go before getting a trauma-informed legal system

• Many legal professionals lack trauma-informed training

Sexual Maltreatment

Milne and Lane Definition: Any sexual action interaction with a person that is of any age that is perpetrated against the victim’s will without consent or in an aggressive, exploitive, or manipulative, or threatening manner

• Key Aspects:

  • Applies to individuals of any age (not just minors) and any gender (though data indicates higher vulnerability for women)

  • Emphasizes the absence of consent or undermining of consent through coercion, exploitation, manipulation, or threats

Sexual Maltreatment Types

Includes contact and non-contact offences

• Non-contact examples: AI distribution, non-consensual sharing or viewing of intimate photos

• Understanding power dynamics is crucial for comprehending sexual maltreatment

Consent

An agreement to engage in an activity (broad definition)

• Consent is fluid and can be reversed at any time

FRIES Consent

FRIES Acronym to consent (from Planned Parenthood & rain.org)

• Freely given: No pressure, intimidation, or fear of reprecussions

• Reversible: Can be withdrawn at any point, even if previously given

• Informed: All parties must clearly understand what they are consenting to

• Enthusiastic: Requires explicit, enthusiastic agreement, not just passive nod or silence

• Specific: Consent if for a particular action or activity, not a blanket agreement

Consent is NOT

Consent is NOT

• Assumed

• Pressured

• Silent

• Incapacitated

Situations where consent cannot be given:

• By someone underage (consent age varies by jurisdiction e.g. 16/18 in various Canadian provinces)

• By someone incapacitated

• Under pressure of threat or intimidation (e.g. consequences for saying no)

• When it is not freely given

• In contexts with unequal power dynamics (e.g. coach-athlete relationships), making true consent very difficult to ascertain

Rule of Two

Problem: Difficulty investigating private, verbal interactions (he-said-she-said)

Recommendation: Document everything (date, time, details) if experiencing abuse

Rule of Two: Federally mandated regulation in sport organizations

• Principle: An adult and child cannot be alone together. Ideally, another certified coach should be present

• Intent: All interactions and communications with participants in open, observable, and justifiable settings with two responsible adults (coach, parent, staff)

Benefits: Prevents “he said, she said” situations, provides witness, increases accountability and transparency, promotes athlete safety, other adult can challenge unethical behaviour

Challenges/Critiques:

• Second adult might be complicit, work against the athlete, or not recognize abuse

• Limits private, necessary athlete-coach conversations (e.g. personal issues)

• Logistical difficulties and increased costs (e.g. travel for extra staff)

• Effectiveness depends on robust training of adults

• Can double down on intimidation if both adults are in power

• Can create a false sense of security (“I follow the rule of two, therefore I’m safe”)

Grooming

Process of preparing and isolating a victim as a precursor to abuse

• Slow in nature, conditioning process that breaks down barriers, builds trust, and secures privacy/secrecy. Makes victims feel special and develops a bond, complicating their ability to report

Stages of Grooming

1. Target Potential Victim: Perpetrators often choose individuals with vulnerabilities (e.g. needing attention, isolated, personal challenges)

2. Building Trust and Friendship: Gradual process of building rapport, confidence, and testing boundaries

3. Isolation and Control: Separating the victim socially or physically from support networks (e.g. gossip, special attention, rides, home visits). This phase makes the victim feel uniquely connected to the groomer

4. Loyalty Building: Cultivating a sense of debt or obligation from the victim

5. Sexual Abuse Occurs: Only after these preceding stages have been established, often over weeks, months, or years

Grooming Difficulty in Reporting

1. Victims often develop feelings of love, care, or security towards the perpetrator

2. Justification of behaviours, shame, protecting the perpetrator

3. Fear of repercussions or not being believed, victim blaming

4. Perpetrator’s reputation and status

Important Context: Most cases of child abuse involve trusted individuals, not strangers

Can an Athlete Give Consent (Cases)

• Athlete to Coach: No, power dynamic is present

• Athlete to Assistant Coach: No, power dynamic is still present

• Athlete to (same age) Coach): Generally no. If consequences for saying no exist, it’s not true consent

• Teammate to Teammate: Yes. Less power dynamics

• Athlete to Team Captain: Depends on the specific dynamics. Potential consequences for saying no as team captain can be involved in conversations regarding deciding play time for members, choosing players for team, etc.

Pyramid of Abuse

Abuse often starts with a base layer of normalized, seemingly minor behaviours (e.g. homophobic jokes, sexualized comments, “locker room talk”, “boys being boys”)

• If these behaviours are accepted or justified, it creates a foundation where more severe behaviours become more permissible

• Ignoring the base allows for the escalation to more serious forms of maltreatment at the top of the pyramid

Key Message: It is crucial to address and call out inappropriate behaviour early to prevent escalation

Effects of Sexual Maltreatment

Psychological Impacts: Lack of trust in others, self-blame, feelings of “otherness",” withdrawal, disinterest, perfectionism

Mental Health Challenges: Depression, anxiety

Aly Raisman’s powerful testimony in the Lary Nassar trial is an example

Physical Maltreatment

The use of force against a child that has the potential to result in physical injuries

• This definition is not necessarily out-come based (i.e. there doesn’t actually have to be a resulting physical injury for it to be considered maltreatment)

Video Example (Gymnastics)

Illustrates a culture of fear, athletes treated as “machines,” pushing to the point of breaking, competing through severe injuries, and normalization of abuse in childhood

Physical Maltreatment Reporting

More obvious than sexual harm, but still underreported

Exercise as Punishment

Activity or behaviour required as a consequence of poor performance or other undesirable behaviour that causes physical pain, discomfort, or humiliation and is disconnected from or not logically related to the sport performance or the behaviour it is intended to change

• Most frequently reported type of physical harm

e.g. running miles for dropped passes, push-ups for tardiness or “poor attitude”

Reasons for Use

From Dr. Anthony Petaglia and Dr. Gachakura’s research

• Common practice (historical normalization)

• Belief in “actions have consequences”

• Builds “mental toughness”

• Reinforces authority

• Improves fitness (sometimes a justification)

• Behaviour management

Common Instances (UofT 2016 Survey)

Being late, poor practice performance, perceived lack of effort, poor competition, poor performance, poor attitude, inattentiveness

Actual Effects on Athletes (same study):

• Fatigue (most common)

• Less enthusiasm for training, irritability, weight loss

• Negative effect, lower-self perception, increased intentions to quit

• Increased doubt and negative thoughts about coaches, decreased respect

• Increased risk of injury

Discrepancy: Intended consequences (e.g. inc respect, improved performance) often do not match actual outcomes (e.g. resentment, decreased respect)

Solutions for Demonstrating Power/Control (Alternatives to Punishment)

• Open communication and meetings

• Demonstrating and guiding desired behaviour

• Providing opportunities for athlete feedback and collaboration

• Guiding and teaching, setting clear limits and boundaries

• Utilizing natural consequences (e.g. not training leads to losing)

• Positive disciplinary strategies: (e.g. giving attention to positive behaviours, celebrating wins, praising appropriate actions)

• Shift from “wielding authority” to building connections and respect

Maltreatment and Mental Health Outcomes

From 2023 research paper

• Significant correlations (p < 0.05) between experiencing physical and sexual harm and higher rates of self-harm, ED, and negative impact on overall wellbeing

• Highlights that physical harm, like sexual abuse, has serious mental health consequences. Similar relationships are observed with psychological harm and neglect