Protecting the Rights of Penn State Sexual Assault Victims?
November 10, 2011

News of the Penn State sexual abuse scandal and subsequent cover-up has just broken, and, along with it comes a twenty-three page Grand Jury Presentment (downloadable here) cataloging and detailing the alleged actions of assistant coach Jerry Sandusky. Sandusky served under celebrated head coach Joe Paterno for over thirty years and has been charged with forty counts related to sexually abusing young boys over a fifteen-year period.

The Grand Jury Presentment delves into excruciating detail about alleged interactions between former coach Sandusky and eight of his victims, each of whom was involved with The Second Mile, a charity founded by Sandusky whose aim is to “help children who need additional support and would benefit from positive human interaction.” The grand jury report explains, “Through The Second Mile, Sandusky had access to hundreds of boys, many of whom were vulnerable due to their social situations.” The alleged betrayal of trust between the coach and these troubled boys is shocking and appalling.

Pennsylvania law recognizes the vulnerability of children to the sexual aggressions of adults, and it defines “forcible compulsion” of such acts as “Compulsion by use of physical, intellectual, moral, emotional or psychological force, either express or implied.” 18 Pa.C.S.A Section 3101.  It’s quite simple: in the eyes of the law, these acts, if true, constitute rape in its vilest form.

Here at Feldman Shepherd, we have stood up for victims of such heinous abuse, and we have experience litigating claims against schools and universities who failed in their obligations to protect children and young adults. What many victims do not know is that a law passed in 2002 allows victims of sexual abuse twelve years from the time they turn eighteen to file a civil suit against their abuser for forced or coerced sexual activity. This means that victims have until the age of thirty to file a case in a situation like this one.

A document circulated by the United States Department of Education’s Office for Civil Rights sets forth guidelines for education about sexual abuse and sexual violence. Although most of the publication is directed at college students (specifically student-on-student sexual abuse), there is a section issuing directives for institutions to follow:

“Schools may want to include…education programs in their (1) orientation programs for…faculty, staff, and employees; (2) training for students who serve as advisors in residence halls; (3) training for student athletes and coaches…These programs should include a discussion of what constitutes sexual harassment and sexual violence, the school’s policies and disciplinary procedures, and the consequences of violating these policies…OCR also recommends that schools develop specific sexual violence materials that include the schools’ policies, rules, and resources for students, faculty, coaches, and administrators.”

A school and all of its employees have a responsibility to protect the rights of students. Coaches are responsible for preventing such trauma from being visited upon children, not inflicting damage themselves. Moreover, the culture in which these shocking acts took place is a large part of the problem. Sandusky’s alleged actions were enabled by his position as a highly respected coach and community leader. Individuals were afraid to speak up and report him due to an environment in which athletics takes precedence over everything, including the welfare of defenseless children.

The first boy mentioned in the grand jury report was often invited to sleep in a bedroom in Sandusky’s basement. The coach took him to Philadelphia Eagles games, Penn State football practices, and even to church, all while forcing the child to perform sexual acts over twenty times. Another boy, estimated to be about ten years of age, was raped in the shower of Penn State’s football locker room. A graduate assistant (and current assistant coach) reportedly witnessed the scene and called head coach Joe Paterno for guidance. Paterno made no attempt to alert the authorities and instead dealt solely with Penn State’s Athletic Director Tim Curley and Senior Vice President for Finance and Business Gary Schultz; the Grand Jury did not find the testimony of Curley and Schultz to be credible.
 
The report continues, “Sandusky never asked to do these things but would simply see what Victim 4 would permit him to do. Sandusky did threaten to send him home from the Alamo Bowl in Texas when Victim 4 resisted his advances. Usually the persuasion Sandusky employed was accompanied by gifts and opportunities to attend sporting and charity events. He gave Victim 4 dozens of gifts…clothes, a snowboard, Nike shoes, golf clubs, ice hockey equipment and lessons, lasses for various sporting events, football jerseys, and registration for soccer camp.” Additionally, “Sandusky said he had showered with other boys and Victim 6’s mother tried to make Sandusky promise never to shower with a boy again, but he would not.”

There was a witness to another instance of sexual abuse eleven years ago in 2000, when a janitor named Jim Calhoun saw the football coach pinning a boy against a wall and abusing him. Jim alerted his supervisor, but many of his fellow workers were afraid of being fired if they came forward and reported what had happened to higher authorities, so Sandusky was able to get away with this alleged misconduct again.

It’s already been said, but it bears repeating: victims of sexual abuse as minors have the ability to file a case against their attackers. The Pennsylvania Attorney General’s Office is in the process of gathering information about other victims who have not yet been identified, and more allegations are expected. If there is any silver lining, it is that universities and people everywhere are being reminded that coaches, athletes, and programs are not bigger than life. There is no greater priority than the welfare of a child. While Sandusky must be held accountable for his heinous crimes, others who failed to act bear enormous responsibility as well. To quote Edmund Burke, “All that is necessary for the triumph of evil is that good men do nothing.” We all have a responsibility to protect our children, and we hope that this recent media attention serves to heighten awareness in a way that protects future victims and prevents further crimes of this nature.