It's good to see Aussie basketball back in the headlines

Anon, when statutory rape is involved, consent is irrelevant (at least until sentencing). It wouldn't matter even if the minor never withdrew their 'consent' because law says a person that age is not in a position to consent.

This has nothing to do with basketball.
This all about breaking the law.

Mystro, don't add fuel to the fire.

The fact is, this 27 year old man was the coach AND president of the club and was in a position of power. He owered a duty of care for a minor under his direct supervision. And, he broke the law.

This is a very serious offence and it is reflected by the fact a jail sentence has been imposed.

Well done Anon -7289
You gutless Tool. Put your name to the post and be very careful with silly insinuations such as this.

There is a certain expectation on any coach to behave appropriately.

Without knowing the full case history, it does serve as a warning to all basketball clubs. "it's better to learn from other's mistakes"

While this, sadly, will not be the last case like this, some lessons for clubs include:

1. Coach selection - making sure they have the maturity to coach.
2. Coach training - coaches need to understand the behaviours expected of them. Under common law, it is actually possible for this coach to sue his club if they did not make it clear to him that a relationship with a player (esp. under the age of consent) was unacceptable. With the coaching ethics used in SA the following is said:
"Any physical contact with athletes should be:
• appropriate to the situation • necessary for the athlete's skill
development*" There is actually nothing about it being wrong when a coach dates a player they coach.
3. Club policies - is there a written procedure or policy at the club for complaints? Is there a policy at the club in relation to coaches dating players? Is there a policy for coaches to report to their committee/coaching director any relationships with players to keep things open?

I am assuming that the two had a dating relationship or similar prior to "taking it to the next level". This may or may not have been known around the club. Having procedures in place if it was known at the club may have prevented a relationship going from a "kiss and cuddle" to carnal knowledge.

It is also important to note that even if a player is over the age of consent a charge of statutory rape may occur as a result.

The law in Victoria says if you are:
• under 10: no-one can have sex with you or touch you sexually or perform a sexual act in front of you (even if you agree)
• 10 to 15: a person can't have sex with you, touch you sexually or perform a sexual act in front of you if they are more than two years older than you, even if you agree. However, it is not an offence if the person honestly believed that there were less than two years age difference between you.
• 16 or 17: no-one who is caring for you or supervising you, like a coach, teacher, youth worker or foster carer, can have sex with you or sexually touch you or perform a sexual act in front of you, even if you agree, unless they are married to you. However, it is not an offence if the person honestly believed you were 18 or older.
An older person can be charged with a sexual offence if they perform a sexual act that breaks these age limits, even if you agree to it. No adult can have an ongoing sexual relationship with you if you are under 16 unless they are legally married to you. As well as the age limits, the law says that two people can’t have sex unless they both agree (consent).


In summary, if you are a coach of an underage team and you are over 18 yourself, then you must not engage in a sexual relationship with a player unless they are over 18. Any coach who commences a relationship with a junior player is at serious risk of being charged with an offence.

Well stated Jack Toft and very informative.

Jack,

You wrote:
There is actually nothing about it being wrong when a coach dates a player they coach

A bit further down in the code of ethics:
You should not only refrain from initiating a relationship with an athlete, but should also discourage any attempt by an athlete to initiate a sexual relationship with you, explaining the ethical basis of your refusal

All coaches are now required to declare that they have read and agree to abide by the code of ethics, so I don't think they would have much comeback on the clubs.

It's a bit more complicated if the relationship existed prior to the coach being appointed, but a sexual relationship between an adult coach and a player who is a minor is inappropriate.

Oops - the quote ends after "refusal" - my bad

DaddyO, re-read the Code and see it there in #10. My bad.

In situations like this, I wonder if the relationship was open and steps taken to end it quickly, whether it may have spiralled.

There are a number of cases of wrongful dismissal that have been over-turned because of something that is "common sense" is not to that person. For some specific behaviours, even though it may seem obvious, if you are going terminate the services of that person be it paid or unpaid, then you need to spell it out.

Unfortunately, for some stuff like this, it needs to be spelt out. "Sorry, I didn't realise that taking a dump on the boss's desk would get me sacked"

Just an FYI - in SA the legal age of consent is 17 (may even be 16 now) - however the moment you are registered as teacher, the legal age becomes 18. I beleive this should be extended to anyone who is actively involved in any sort of youth organisation.

The legal age is actually 18. Changed from 17 to 18 awhile back...

And is it just me or is basketball in this country turning into the church... Priests and coaches being caught for statutory rape and getting away with it too!

@ ricey. Very insulted by your suggestion basketball and the church are the same in this context. The church covered up their crimes and I do believe it was not a matter of consenting parties. Just because someone is a minor does not mean they didn't consent..that does not make it right ethically or legally, but it is not the same as the crimes against alter boys and orphanage kids of yester-year. And for someone who was sexually interfered with at the age of 7 by 9 and 12 year old brothers that were my babysitters kids, I take offense at your suggestion that this situation is the same.

well in the heado of the pedos priests, the kids probably consented because they didn't say no when they got tricked into saying yes.

basketball people have covered up previous problems by just shipping the coach to another club and not really stopping the problem by contacting police. thats a cover up essentially...

as for the comparison i think it's fairly valid considering what has gone on in the last few years.

It's always to do with sex. Coaches needs to teach kids about ball handling on court, not ball handling in the pants.