By Tony Attwood
Being a football-orientated blog, when it comes to issues such as the abuse of young people, we focus on that topic in relation to football. But we also note that there has been a rise in disclosures of non-recent abuse in sport, some dating back years. And although we have regularly sought to cover these issues, I am now most grateful to the New Law Journal for providing considerable further background.
The lack of journalistic coverage of football in England however means there is every chance that those clubs that have been guilty of the abuse of young players, either by allowing staff to abuse players, or through the club playing young players when injured, under the guise of telling them to “man up”, are soon going to be in for a surprise.
For it is becoming clear that courts across the UK and Europe are becoming increasingly understanding that young players and their families are reluctant to start proceedings against the might of a major football club, often being bullied into pulling back for fear of the costs that might be incurred.
Alongside this, the abject failure of the state to get involved in such cases is something that the courts seem aware of and are increasingly sympathetic about, when it comes to the right to proteection of young people. Thus tales about players not being able to come forth with complaints at the time of an incident are now far less likely to be thrown out as the courts recognise the shame many youngsters feel, both in terms of their treatment, and in terms of their failure to make it at a professional club.
Indeed so big is the issue now that the New Law Journal is dealing with it in a very fulsome way. And this is something that is most likely soon to start taking those who think they can get away with anything in terms of child abuse within football, by surprise.
For as the journal says, there has been a significant “increase in disclosures of non-recent abuse in sport that it seems that hardly a day goes by without a dark, depressing headline, drawing the reader to yet another traumatic tale of verbal and physical assault, inappropriate sexual activity or other degrading behaviour inflicted on young people who endured abuse and humiliation because they felt they had to in order to continue pursuing their dreams.”
Now this of course is not just a problem in the British game – we now hear about cases from around the world, and now even Fifa has announced plans for a global investigation into the issue “in conjunction with the UN.” OK, we covered the subject nearly ten years ago in our piece The sexual exploitation of young footballers shows we have really deep and serious problems throughout England and the media ignored us then just as they will now. But at least the law of the land is catching up.
For as the New Law Journal said (although the media in the UK remain in total denial of the fact) “the sporting news of 2021 was blighted by disturbing, often horrific stories of abuse in football, gymnastics, athletics, swimming, and tennis throughout the US, Australia and across the UK.”
But such is the arrogance of football clubs and the determination of the media not to suggest anything at all can be wrong with football, we have struggled to get the details. However investigations are now starting up, some dating back years and special allowances are made for the nature of the allegations.
Manchester City, did, it is true, see the club have the cases against it thrown out in one recent case for being out of time, but others are proceeding and more and more are being settled by football clubs without coming to court, whether they might be “out of time” or not. What is happening increasingly is that the courts consider WHY the case it being brought so late in the day, and the complex reasons why victims and survivors can take so long to come forward. It might be harder for ManC to use that defence again.
Indeed, the New Law Journal reports that “it is now rare for a court to hold that the
reasons for delay given by a victim of sexual abuse are anything other than reasonable. Shame, guilt and embarrassment; self-blame for what had happened; the potential stigma attached to disclosure; being regarded as weak or inadequate for having waited so long; the fear of not being believed; the reluctance to face the abuser across a courtroom…” these are all reasons for cases taking so long to come forward.
Now however there is a growing change in terms of what is considered acceptable behaviour by an employer to an employee or trainee. This is where clubs seem to be slow to recognise the change, and where the media find themselves utterly out of step with society. Fortunately however the courts appear to recognise that we are in the 21st century.
