Arizona Bill 2299 Proposes Expansion of the Term “Persons of Trust” to Include Coaches

An interesting piece of news coming out of the state of Arizona points to expanding the definition of “persons of trust” within the context of sexual abuse.

In so far as it relates to inappropriate sexual relationships between minors and legal adults, Arizona’s proposed bill is more inclusive of any and all adults who are in positions that would be considered authorities or “persons of trust”. Per below, the proposed bill includes more specific titles, including “Coach” and “Instructor”:

“POSITION OF TRUST” MEANS A PERSON WHO IS OR WAS ANY OF THE 32 FOLLOWING: 33 (a) THE MINOR’S PARENT, STEPPARENT, ADOPTIVE PARENT, LEGAL GUARDIAN OR 34 FOSTER PARENT. 35 (b) THE MINOR’S TEACHER. 36 (c) THE MINOR’S COACH OR INSTRUCTOR, WHETHER THE COACH OR INSTRUCTOR 37 IS AN EMPLOYEE OR VOLUNTEER. 38 (d) THE MINOR’S CLERGYMAN OR PRIEST. 39 (e) ENGAGED IN A SEXUAL OR ROMANTIC RELATIONSHIP WITH THE MINOR

Another more specific clause is also on the table.  That which would explicitly state that “minors cannot consent to sexual contact of any kind with people in positions of trust or authority.”  Meaning, if a minor has a consensual sexual relationship with one of the aforementioned persons of trust, using that minor’s consent is not a viable defense in sexual abuse cases:

IT IS NOT A DEFENSE TO A PROSECUTION FOR A VIOLATION OF THIS 37 SECTION THAT THE OTHER PERSON CONSENTED IF THE OTHER PERSON WAS FIFTEEN, 38 SIXTEEN OR SEVENTEEN YEARS OF AGE AND THE DEFENDANT WAS IN A POSITION OF 39 TRUST.

It remains to be seen if the bill will be approved, as well as if any additional states will follow suit in trying to create this more specific language in legislation involving sexual abuse cases, specifically in the realm of coach/athlete.

Arizona is the listed state for 5 individuals on USA Swimming’s list of Individuals Permanently Suspended or Ineligible; additionally, it is the state where accusations of sexual abuse were levied against former University of Utah head coach Greg Winslow, who is also on the USA Swimming banned list.

Read the entire proposed Arizona House Bill 2299 here.