Sexual assault by a groom

Hi. I’ve posted about my assault (sexual battery) before. I contacted Safesport. However, since grooms aren’t registered with USEF, they couldn’t do anything. I told the trainer who employed the groom about the incident, and no action was taken. I don’t think Safesport could do anything about her lack of taking action because she wasn’t the one who assaulted me. The same thing for the equestrian facility. I told them about the incident and they didn’t do anything about the trainer or her groom. I did file a police report, but they told me nothing could be done because the statute for battery is a year. I wish there was way to change the way Safesport takes action against people. The trainer is in USEF and she excused this behavior. The groom has worked for multiple trainers that I’m sure are in USEF. Why can’t action be taken against him? Why can’t they at least keep a database of grooms that have reports against them for inappropriate behavior?

5 Likes

If you were assaulted, report it to the local police and let them deal with it. You won’t have to worry about finding the groom on the show circuit if he’s in jail.

7 Likes

Can a lawyer help you if the police can’t? I’m sorry this happened to you. There are wise people on this board. I hope someone can help.

I wonder if you can take legal action against the trainer/employer who allowed this to happen?

1 Like

She did; it was several years ago so it is apparently past the statute of limitations based on the state and incident.

Sorry but I disagree with this. “Reports” that can affect a person’s livelihood for their entire life - even if untrue - should not be recorded. If someone has committed a crime or violated a rule/regulation, they need to be reported and it needs to be verified.

12 Likes

If the crime was verified by a charge, and hopefully a conviction, then the barn owners have something to base a decision on. Unfortunately if the incident did not result in charges, there’s no record. This is true of many many things that skate past, including theft, shoplifting, assault, threats, dangerous driving, drugs, etc. Most of the incidents never result in police involvement let alone charges even when folks around are aware of what’s happening.

You could sue the show grounds, they can be liable for not screening those who are staying on site.

1 Like

I would think that safesport could take action against the trainer. She has knowledge at least by you of assault and is aiding and abetting/ looking the other way. Worth finding out.

well I disagree from experience

one of my sons was Charged for armed robbery… he did not do it. When the case went to trial we elected to go with trial by judge rather using a jury (this also called a bench trial )

When the DA presented his evidence the judge stopped him before he finished, had son stand up then judge asked the DA do you really believe he is your suspect? The DA’s evidence was a video of a person who was at best 5ft 2" son is 6ft 1"

Judge then dismissed the case with prejudice

Just being Charged for something really is not a good way to condemn them

(by the way it cost us $25,000 to defend him for something he had nothing to do with. There are others I am pretty sure that did not or do not have the resources to be defended that are setting in prisons waiting to get out… I really lost a lot of respect for the justice system)

17 Likes

I disagree with this. No one witnessed my battery incident. His hands were between my legs and his saliva/sweat ended up on my face and ear. I was terrified at the time and didnt know what to do. He also said verbally inappropriate stuff to me during the incident. Does this mean because no one saw the incident, you find it excusable?

2 Likes

**[quote=“tjmlcharlantini, post:10, topic:769523, full:true”]
I disagree with this. No one witnessed my battery incident. His hands were between my legs and his saliva/sweat ended up on my face and ear. I was terrified at the time and didnt know what to do. He also said verbally inappropriate stuff to me during the incident. Does this mean because no one saw the incident, you find it excusable?
[/quote]

**

No one is saying it is excusable. Only that the very imperfect medium of law fails many victims of sexual assault especially when the statute of limitations expires. In other words, we agree this was wrong but cannot see a clear way forward for you to get legal action against the groom.

You could try reporting the trainer to SS, see what the result is.

2 Likes

You would need more than just someone making a report for it to be fair to the person accused. Innocent until proven guilty must be upheld, so that you don’t tarnish someones reputation who is not guilty.

I am sorry for what happened to you and that the guilty person was allowed to go unpunished.

2 Likes

So who maintains this database? Who are “they”? Local trainers and barn owners? Who will create the database, decide on what criteria, and figure out how to avoid legal repercussions for libel or violating employment law? Is this something any trainer is going to take on?

“They” have a method for tracking people who commit crimes. It’s called court records. If you missed the window of opportunity to report or didn’t have proof, then that doesn’t work in this case.

There is no “they” to take care of these things.

5 Likes

Of course I don’t find the action excusable. But I also don’t think that a list of accusations is appropriate either.

Crimes need to at least be reported for consequences to apply, though. And the accusations should be “proven” before consequences are incurred. Which isn’t always possible, unfortunately.

5 Likes

I agree with the advice to at least speak to an attorney yourself. Maybe even a district attorney or assistant DA, just an informational meeting - they are taxpayer-supported and likely one will be willing to talk with you. If private, choose carefully one who understands criminal law. And possibly one will give you an introductory hour at no charge. (Maybe speak to both.)

Talking with someone from the DA’s office would not be to urge a prosecution that isn’t available due to the statute. But just to know that you fully explored every avenue. It might give you some peace of mind, at least, to be able to tell them your story. To be heard. Even if they can’t do anything about it.

But if a private attorney, maybe there is an option to file a personal lawsuit against this groom. I am not an attorney and don’t know about this. But from time to time when a criminal prosecution is unsuccessful or unavailable, private lawsuits have attempted to extract a measure of justice - or at least impose some inconvenience on the other party. Maybe the trainer would be named as well.

Even if there isn’t much hope of a judgment against them, they can be bothered to retain their own attorney and respond. They have to expend time, money and worry over that. I don’t know how a default judgment works, but if they try to ignore it maybe this is an option. You could then file to enforce the judgment, whatever it is.

It does sound as if this groom is someone that others need to be aware of as a risk to females. If a lawsuit is possible, some media stories or other publicity about it might be interesting. Not sure that will happen, but if you really want to know you followed through, it’s something to think about.

I hope you can find some peace with this. I can imagine that it has been a damaging experience, not just what happened, but making it even worse is the lack of action as a result.

Edited to add: I am not an attorney and this should not be considered legal advice. Just an opinion. :slight_smile:

6 Likes

First, I am so sorry this happened to you. It was not your fault and you are not responsible for this man’s actions.

Second, what the heck state do you live in that the statute of limitations for sexual assault is ONE YEAR?! Most states it is at least 10 years.

I am also sorry that the trainer is not responding appropriately or professionally.

A lawyer would be able to help you navigate any action you can take. They also might be able to lean on Safesport to investigate.

3 Likes

I missed that this was one year … that is outrageous, just 1 year and LE won’t take action ???

Definitely explore this further with a private attorney. Especially if you spoke about this to anyone soon after it happened. It is not right that you have to proceed on your own without the help of law enforcement. But you may have some good options with an attorney.

Many attorneys will speak with a prospective client for an hour without a fee. After that, you will have more information to make decisions.

I wonder if there isn’t a legal service out there for victims in your area, that would help you without a fee? Anyway. If I were in a similar situation, I would want to know that I at least spoke to a DA and to a private attorney.

Whatever you decide to do, I hope you will let us know how you are doing at some future point.

Sexual battery incidents are not treated the same as rape. Rape has a statute of 10 years…sexual battery does not.

1 Like