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Combating sexual violence in sport

Par : Type de matériel : TexteTexteLangue : français Détails de publication : 2024. Ressources en ligne : Abrégé : The repression of sexual violence committed in sport is a dual repression which appears to be fairly satisfactory in criminal law, but which could be improved in disciplinary law, notably by taking better account of the specific nature of such violence within federal texts. This dual repression is still complementary ; a complementarity that makes it possible to overcome the difficulties encountered by one or other of these repressions. For example, the absence of criminal sanctions due to the statute of limitations on sexual offences committed by coaches is offset by the fact that the statute of limitations does not apply to disciplinary proceedings. Conversely, the evidentiary difficulties encountered in disciplinary proceedings are alleviated by the existence of parallel criminal proceedings, which provide the disciplinary body with a better basis for its decision. However, there may be one improvement to be made to perfect this complementarity and avoid contradiction between disciplinary and criminal decisions, when the former is handed down before the latter : the introduction of a mandatory stay of proceedings for disciplinary bodies, which could be accompanied by a precautionary measure aimed at temporarily excluding the accused from exercising his functions within the federation.
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The repression of sexual violence committed in sport is a dual repression which appears to be fairly satisfactory in criminal law, but which could be improved in disciplinary law, notably by taking better account of the specific nature of such violence within federal texts. This dual repression is still complementary ; a complementarity that makes it possible to overcome the difficulties encountered by one or other of these repressions. For example, the absence of criminal sanctions due to the statute of limitations on sexual offences committed by coaches is offset by the fact that the statute of limitations does not apply to disciplinary proceedings. Conversely, the evidentiary difficulties encountered in disciplinary proceedings are alleviated by the existence of parallel criminal proceedings, which provide the disciplinary body with a better basis for its decision. However, there may be one improvement to be made to perfect this complementarity and avoid contradiction between disciplinary and criminal decisions, when the former is handed down before the latter : the introduction of a mandatory stay of proceedings for disciplinary bodies, which could be accompanied by a precautionary measure aimed at temporarily excluding the accused from exercising his functions within the federation.

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