Of all the charges against former US gymnastics coach John Geddert on Thursday, the most alarming appeared to be the 20 trafficking charges.
The charges, announced by Michigan’s attorney general shortly before Geddert died of suicide, represent a creative legal strategy for prosecutors, a strategy that experts say could set a precedent for future legal struggles involving coaches in the high-pressure world elite sports.
Although many people associate human trafficking with sexual abuse and human smuggling, its actual definition is much broader, encompassing exploitation and forced labor. This makes the term mature for exploration in the context of abusive athletic environments.
What is human trafficking?
Under United States law, trafficking in persons is the use of “force, fraud or coercion” to obtain work or a commercial sexual act, according to the Department of Justice.
Definitions of human trafficking and criminal penalties differ from state to state, but, in general, trafficking focuses on “exploiting one person for the benefit of another person,” said Kimberly P. Jordan, clinical professor of law at Ohio State University that specializes in child abuse and neglect.
According to Kathryn Robb, executive director of Child USAdvocacy, human trafficking can be divided into three overlapping categories: domestic servitude, forced labor and sex trafficking. In Mr. Geddert’s case, his human trafficking charges include 14 counts of forced labor resulting in injuries and six counts of trafficking minors for forced labor.
Taking charges of human trafficking was a strategic move by prosecutors, several experts said, noting that it was not difficult to see how the definition could be applied to the actions of abusive coaches who benefit financially from the success of the athletes they coach.
Young athletes, in particular, can be vulnerable to manipulation and control when trying to achieve certain goals or achieve a certain status, making them susceptible to sexual abuse and human trafficking, said Robb. (In addition to the trafficking charges, Mr. Geddert was charged with first and second degree criminal sexual misconduct.)
“These coaches and doctors, in the case of Larry Nassar, have tremendous power and control over these children,” said Robb, referring to the wretched former US team doctor who abused hundreds of girls and women. “The promise of a gold medal is quite a carrot.”
Just accusing Geddert of human trafficking could have ramifications for the sports world in general, as well as just gymnastics, experts say.
“This puts coaches and coaches on alert about how they are treating their athletes,” said Professor Jordan.
Is human trafficking the same as human smuggling?
The word “trafficking” can trigger images of movement from one place to another, but transportation is not a mandatory component of trafficking, said Robb.
“It’s an inappropriate name,” she said. “It is not necessary to transport anyone to be considered trafficking”.
Human trafficking is often confused with human smuggling, which is a different criminal activity. Although trafficking focuses on exploitation, smuggling mainly involves transporting an individual or using fraudulent documents to obtain illegal entry into a country.
What happens next?
On Friday, a spokesman for Dana Nessel, Michigan’s attorney general, said Nessel’s office did not continue its investigation of Geddert.
After a defendant facing criminal charges dies, a criminal case is quite debatable, said Professor Jordan.
However, experts said other legal avenues, such as civil suits against Geddert’s estate, remain open to potential victims.