Sporting Violence

Sgt Andy GoslingSgt Mardi Foweraker

Crime Prevention SectionWestern Adelaide Local Service Area

SAPOL

Responsibility

Sporting Organisation• Safety of members and

visitors• Code of Behaviour• Investigate Breaches• Penalise Offenders

Players/Officials• Comply with laws• Comply with Rules• Respect rights of others• Not engage in

misconduct• Abide by decisions

Sporting Organisations

• Duty of care to ensure that people can participate in safe environment, free from discrimination, harassment and abuse.

• Clubs and associations can be held responsible for the behaviour of their staff and club members (vicarious liability) unless:– it can be shown that reasonable steps were taken to prevent

the behaviour from happening in the first place.– There are appropriate policies and procedures in place for

dealing with the behaviour if it occurs.

Spectators

• Parents as spectators– Winning and fun is important. Love to win but

don’t put winning ahead of fun.– Winning is everything. Fun is not important.– Drop and run. Activity is a baby sitting service

Angry Parents

• Become over emotional – coach and referee from sidelines and concentrate on faults rather than success

• Verbally abusive – foul language, threatening gestures and remarks at coach, umpire or other team

• Win at all costs. • Physically aggressive

Angry Parents

• Results in:– Children withdraw from sport– Reduced membership– Less volunteer for coaching and umpiring

• Clubs have a legal responsibility to address behaviours that are against the law.

Laws

Internal• Constitution• Codes of Conduct• Rules of the Game• Tribunals

External• Criminal law• Civil law• Discrimination• Harassment• Vicarious Liability

Physical Assault

• Use of physical force with intent to harm or frighten.• Assault is a criminal matter dealt with by Police• Sports can use their tribunal to deal with incidents that

involve physical contact between players during the game. (melee, punch up)

• May also deal with off field incidents (fight in club room)• A victim of assault may elect to report to Police

Events on the field no longer always ‘stay on the field’

• Criminal consequences can apply in sporting situations• Consent is an issue that must be considered• No consent can be given to serious offences or incidents

that “fall so far outside the spirit of the game”• Players, coaches, officials and clubs are all potentially

responsible for criminal actions that occur in a sporting contest.

Parties to Offences

• Positive encouragement to commit a crime can amount to another person being charged as an accessory.

• In sporting terms a coach, team mate or captain could be charged as an accessory if they encourage someone to engage in aggressive or violent play that results in another participants' injury

Parties to Offences

• Jan the Kidman Park Coach instructs her players to “Stop” Smith at all costs.

• Some players interpret this as an instruction to commit violence

• Jones deliberately king hits Smith behind play causing serious injury.

• Coach could be found legally responsible for inciting violent or aggressive behaviour in others and potentially charged as an accessory at criminal law.

Real Cases • 1878 – Soccer player struck another player in the abdomen with his

knee. Player died and charge of manslaughter resulted. Court found not guilty as he had been playing within the rules of the game. Death was accidental.

• 1986 – Rugby player was convicted of wounding and sentenced to 6 months imprisonment after biting off part of another player’s ear.

• 1995- Soccer player spent three months in jail after head butting an opponent during a match

• 2006 – Goalkeeper found guilty of assault in an Austrian Court following a tackle on an opposing player during a game. Fined$100 000.

Officials

• Responsible:– ensuring the rules of the game are followed– Participants are not subject to discrimination or

unsafe practices

• Not responsible:– Monitor the behaviour of unruly spectators or parents

Officials

• If you are being abused or children participating are being subjected to foul language or verbal abuse:– Stay calm– Speak to the coach– Call time out– Suspend play– Call the police– Report the behaviour

Verbally Abusive Coach

• All verbal abuse is inappropriate• Verbal abuse will become unlawful when it

involves: – harassment,– vilification, – threat of physical harm – emotional abuse of children

Codes of Behaviour

• Most players (In particular children) participate in sporting activities for fun.

• They are not participating for entertainment of spectators.

• Codes of behaviour for spectators and parents attending the sporting event– Condition of entry to abide by the code of behaviour– Designated officials are authorised to request a person to leave

if Code of behaviour is breached.

Breach Of Peace

• A breach of the peace involves certain behaviour. For example a breach of the peace occurs when:- Someone is harmed

- Someone is in imminent danger of being harmed

- Someone’s property is harmed in their presence

- Someone is in fear of being harmed

Breach Of Peace

• Police Action– If ‘A’ is about to assault ‘B’ Police may restrain and

temporarily detain ‘A’ until the threat to ‘B’ is over– Police can take ‘A’ sufficient distance so as to allow

‘A’ to cool down. This effectively prevents ‘A’ from assaulting ‘B’

– Use reasonable force to do this– Action may take place in public or private places.

Offences On Licensed Premises

• Section 108 Liquor Licensing Act – offence to sell or supply liquor on licensed premises to a person

who is intoxicated; • Section 124 Liquor Licensing Act

– authority to an authorised person, if necessary, to use reasonable force to -

• remove from licensed premises any person who is intoxicated or behaving in an offensive or disorderly manner; or

• prevent the entry of such a person onto licensed premises.

Offences On Licensed Premises

• Barring From Licensed Premises– If a person commits an offence (e.g. theft, assault), or

behaves in an offensive or disorderly manner on, or in an area adjacent to, the licensed premises, then grounds would exist for the purposes of barring a person from those premises.

– Police can issue a Barring Order barring that person from those premises for 72 hours or 3 months dependant on circumstances.

What is cyber bullying?

• Bullying which uses e-technology as a means of victimising others.

• It is the use of an internet service or mobile technologies- such as email, chat room discussion groups, instant messaging, WebPages or SMS – with the intention of harming another person.

Cyber bullying

• Examples include communications that seek to intimidate, control, manipulate, put down or humiliate the recipient.

• Activities can include repeated negative messages, sexual and racist harassment, impersonation, trickery and exclusion.

Cyber bullying

• Bullying activities can have a lasting affect on friendships and families.

• Effects are not always obvious but can include the targeted person feeling powerless and in the worst case can involve self harm and suicide

• Criminal penalties apply

Cyber bullying - Penalties

• Offence - Using a carriage service to make a threat Penalty - Imprisonment for 7 years

• Offence - Using a carriage service for suicide related material

• Maximum penalty - $100,000

Sexting• The growing trend for young people to

send provocative, suggestive or sexual images of themselves to their friends via mobile phones

• These can then be posted on the internet or forwarded to other people

Sexting• Once these images are on line or on a phone

anyone in the world can access them• It is impossible to retrieve and delete them.

They are there for ever and can damage future career prospects or relationships

• Would you want other people to see this picture of you

• Sexting can lead to public humiliation, cyber bullying and sexual assault

Legislation• It is illegal to take to take sexual

photos/videos of children under 16 yrs of age. (Maximum penalty – imprisonment for 10 years)

• It is also illegal to transmit and posses these photos and videos. (Maximum penalty – imprisonment for 5 years)

Case Studies

• I took a photo of X (aged15) in the showers after sport and sent it to everyone what a laugh

• Offence - Production or dissemination of child pornographyMaximum penalty: Imprisonment for 10 years.