Sexual Assault in Sports and the Significance of Settlement Agreements

Content Warning: This blog post contains references to childhood sexual abuse and grooming. We recognize that this content may be distressing, especially for survivors. Please take care while reading and prioritize your well-being. A list of resources and supports is available here. 

Sexual assault in sports has increasingly come to light in recent years, revealing systemic failures in safeguarding athletes, especially minors and vulnerable individuals. While criminal prosecution often garners media attention, civil litigation remains an important path for survivors seeking accountability.

Abuse within Sports Organizations

Sexual abuse within sports can involve coaches, trainers, doctors, or even fellow athletes. The imbalance of power, trust-based relationships, and intense pressure to perform can all create environments ripe for abuse.

High-profile cases like Allison Forsyth v Alpine Canada and the Gymnastics Canada Class Action Lawsuit have shown how institutions sometimes fail to act on early warnings, leaving survivors without protection and allowing abuse to continue, often for years.

Criminal and Civil Lawsuits

Criminal proceedings can punish perpetrators but don’t always address the broader harm. Civil lawsuits allow survivors to have more control over the proceedings and to:

• Seek financial compensation for physical and psychological damages;
• Hold institutions accountable for negligence, cover-ups, or failure to supervise; and
• Drive systemic change by shining a light on enabling policies or cultures.

The Importance, and Finality, of Settlement Agreements

That said, it can sometimes take years to reach a resolution. It’s important to have a lawyer by your side, especially when it comes to settlement agreements, as these are final and legally binding. Even if someone signs a settlement while in a financially or emotionally vulnerable state, the courts are unlikely to overturn it.

That’s what happened in the case of Gorup-Paule v. Palmatier (2024 BCSC 353). Wegadesk Dana Gorup-Paule, the plaintiff, asked the court to reopen his settlement, arguing that he agreed to the terms while in a fragile emotional and financial state. The court did not allow it.

The complaint was first made in March of 2013. Retired diver Gorup-Paule sent an email to the president of Diving Canada alleging he had been sexually molested by former coach Trevor Palmatier. It was not until October of 2019—six and a half years later—that Diving Canada responded to Gorup-Paule to say they were open to meeting. In 2020, Gorup-Paule filed a civil claim, and the following year, he agreed to a $600,000 compensation package.

Although Justice Gareth Morley slammed the organization’s slow response as “shockingly callous,” he denied an application by the retired diver to renegotiate the settlement in the case, in part, because the civil justice system depends on enforceable settlements.

For many survivors, civil claims are a path toward healing, recognition, and accountability. But the process can be complex and difficult to navigate. That’s why having experienced trauma-informed legal support matters.

If you are an athlete and have questions or concerns about a potential claim, please feel free to contact our team of trauma-informed lawyers for a free consultation.