0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

'Salford Stallion '- would he be treated the same in sport?

8 April 2011

This week a court sentenced a teacher to six years in prison for having underage sex with two of his pupils and sex with a 16 year old pupil. As well as the straightforward convictions for underage sex, he was convicted of sexual activity with a child by a person in a position of trust.

This relatively new offence is set out in the Sexual Offences Act 2003 but only applies in very limited circumstances. Whilst a teacher sleeping with a pupil is clearly caught, the same is not true in sport – there is no offence committed where a sports coach engages in consensual sexual activity with a 16 year old that he or she coaches.

Considering the strong and mutually important relationships that can form between a coach and the individual and the risk of abuse that could exist, it is disappointing that the legislation does not offer those in sport the same protection. This is a change for which the Child Protection in Sport Unit (a joint venture between Sport England and the NSPCC) have been campaigning for some time, and deserves our support.

related opinions

Watch this space on breach of contract, vicarious liability and assumption of responsibility

The concept of Assumption of Responsibility is on many stakeholders’ minds at the moment following the Supreme Court decision in CN & GN v Poole.

View blog

Sussex Partnership NHS Trust fined £200,000 – A warning for providers and investors

Sussex Partnership NHS Trust was sentenced on 14 June 2019 for failing to provide safe care and treatment to a 19 year old inmate being cared for on the hospital wing of Lewes Prison, Jamie Osborne.

View blog

Children and contact with parents who are domestic abusers

It was announced on 15 May 2019 that “more than 120 MPs have written to the government asking for an inquiry into how family courts in England and Wales treat victims of domestic violence.”

View blog

13 years for first FGM conviction

The first conviction of female genital mutilation (FGM) has resulted in a 13 year jail sentence for the child’s mother.

View blog

mailing list sign up

Select which mailings you would like to receive from us.

Sign up