When you signed your child or teen up for cheerleading, you expected that they’d be challenged. And between the practices, competitions, and interpersonal dynamics between students and coaches, it’s probably safe to say you knew that the activity wasn’t going to be all fun all the time. However, even in your worst nightmares, you wouldn’t expect that your child would be subject to sexual abuse. Unfortunately, reports of child sex abuse in competitive cheer are not new; however, there has been a marked increase in the number of children and parents coming forward to disclose horrific instances of abuse and victimization at the hands of coaches and choreographers. As if this wasn’t bad enough, some parents claim that Varsity Brands, LLC, the largest cheerleading organization in the United States, knew about cheerleader sexual abuse and chose not to do anything about it.

If you are a former competitive cheerleader who was subject to cheerleader sexual abuse or have a child who was victimized, you deserve justice. And, while the perpetrators of the abuse may eventually face criminal charges, the criminal justice system isn’t equipped to fairly compensate victims for what they’ve been through. However, you and your family may be able to bring a cheerleader sex abuse claim against the responsible parties. Those interested in learning more should reach out to a competitive cheer sexual abuse lawyer for immediate assistance.

Is Sexual Abuse in Competitive Cheer Common?

Yes, instances of sexual abuse in competitive cheer are much more common than many parents realize. In fact, according to a 2020 investigation conducted by USA Today, more than 180 people associated with competitive cheerleading have been arrested and charged with various crimes involving sexual misconduct with minors. Of those, 140 were convicted. However, the vast majority of these individuals were not prohibited from continuing to participate in the sport.

Who Is Primarily Responsible for Sex Abuse in Competitive Cheer?

The allegations of sexual abuse in competitive cheer reach the far ends of the sport. Men and women in almost every conceivable role have been alleged to engage in sexual misconduct with cheerleaders, including:

• Coaches,
• Assistant coaches,
• Specialty coaches,
• Private instructors,
• Choreographers,
• Gym owners,
• Officials,
• Camp counselors.

While these allegations are extremely disturbing, perhaps the most shocking of the allegations is that the major cheerleading institutions in the United States—Varsity Cheer, LLC, USA Cheer and the U.S. All Star Federation—have long known about the prevalence of sex abuse in cheerleading and done nothing to address the problem.

What Are the Types of Cheerleading Sexual Abuse?

Predators in cheerleading are claimed to have engaged in a wide range of sexual conduct with young cheerleaders, ranging from inappropriate to illegal. For example, some of the most common types of sexual abuse in cheerleading include the following:

Sexual Assault – The exact definition of sexual assault varies by state; however, it often describes unwanted or forced sexual contact. Sexual assault may include touching the genitals or breasts of a minor or having a minor touch an adult’s genitals.

Rape – In all 50 states, a child cannot consent to sexual activity. Thus, any adult who engages in sexual intercourse with a minor commits the crime of rape, regardless of what the minor said or what their actions suggested prior to intercourse.

Child Pornography – Multiple adults in the sport of competitive cheerleading have been arrested on child pornography charges after they convinced or attempted to convince a minor to let them take nude pictures or send them nude pictures.

Can a Cheerleader “Consent” to Sexual Activity with an Adult?

No. The legal concept of consent does not apply to minors; however, the age of majority varies by state. However, no state allows a minor under 16 years old to engage in sexual activity. So, while in some states, 16-year-olds can consent to engage in sexual activity, that isn’t the case in the majority of states.

This reflects the understanding that minors’ brains are still developing, which puts them at an increased risk of sexual grooming. Sexual grooming is the term used to describe a predator’s efforts to gain the trust of a prospective victim, usually by engaging in harmful conversation for a period of time before crossing the line into making inappropriate demands. For example, a cheerleading coach may initially foster an innocent relationship with a cheerleader in hopes of getting them to trust the coach, so they let their guard down. Once the minor has lowered their guard, the coach may then ask for inappropriate pictures. If the minor provides nude pictures, a coach may then threaten to send them to classmates unless the minor continues to do as the coach asks.

Can Survivors of Cheerleader Sexual Abuse Sue Their Abusers?

Yes, survivors of cheerleader sex abuse can pursue a sexual assault lawsuit. These lawsuits may be filed against the perpetrator of the abuse. In addition, all cheer organizations have a legal duty to report known sex abuse. Therefore, an organization such as Varsity Cheer, LLC, USA Cheer or the U.S. All Star Federation may also be liable, depending on the circumstances. In fact, several lawsuits filed earlier this year have named one or more of these organizations as defendants in a cheerleading sex abuse case.

The damages available through a competitive cheer sexual assault depend on the circumstances. Additionally, each state has its own laws about the types of damages a victim can recover. However, typically, minor victims of sexual abuse can recover compensation for their economic and non-economic damages stemming from the assault.

Economic damages are the out-of-pocket costs a victim incurs as a result of the abuse; for example, if a victim requires therapy or counseling. Economic damages also cover lost wages and reduced earning capacity, for example, if a minor was unable to complete school or obtain employment due to the ongoing mental health issues that frequently follow in the wake of a sexual assault.

Non-economic damages refer to the emotional and psychological impact that the abuse had on a victim’s life. Non-economic damages are sometimes referred to as “pain and suffering” damages because they award victims monetary damages for what they’ve been through and the impact it had on their ability to live their life the way they wanted to prior to the assault.

Finally, often, a state or federal government may bring criminal charges against cheerleading coaches, choreographers or other adults who engaged in sex abuse. However, it is important for victims to understand that criminal cases do a poor job of providing victims with a sense of justice. This is because the criminal justice system is geared towards punishing those who violate the law rather than making victims of the defendant “whole” again.