Mixed martial arts, or MMA, is a combat sport based on a combination of different martial arts and fighting techniques. The sport allows competitors of different martial arts backgrounds to fight each other through a series of striking, grappling, and ground fighting moves. MMA became extremely popular starting in 2010 due to the promotional efforts of UFC. Predictably, martial arts studios jumped on board and started offering classes.
While most students enjoy their experience at these classes, others are subjected to improper touching and other forms of sexual assault. Unfortunately, these incidents can happen easily during an MMA class due to the nature of the sport. An instructor has to show the student moves and techniques, and this generally involves direct physical contact. Furthermore, there is a lot of grappling and pinning in this sport, giving a sexual predator ample opportunity to commit acts like rape and molestation. These opportunities often occur during private sessions with the instructor, especially when the victim is a minor. They can also occur at MMA tournaments, where a student may be lured away from the group and taken to a seclude area for predatory purposes.
No matter the circumstances, it’s essential to learn about your rights and legal options as a sex abuse victim. Sexual assault is a crime, and you have the right to pursue criminal charges against your attacker. However, you can also recover monetary damages from the liable parties, which will compensate you for your physical and emotional injuries. If you or your loved one was sexually assaulted or abused by an MMA instructor, please take some time to speak with one of our attorneys.
What is Sexual Assault?
According to the Rape, Abuse & Incest National Network (RAINN), sexual assault refers to “sexual contact or behavior that occurs without explicit consent of the victim.” This is still a rather broad-scope definition, so it’s not surprising that many victims are confused about whether or not they were sexually abused. First, let’s go over some common examples of “sexual contact” that constitute sexual assault:
- Making unwanted touches, like groping and fondling
- Unwanted kissing
- Rape
- Attempted rape
- Flashing / exposing yourself in front of someone
- Masturbating in front of someone
- Forcing a victim to perform non-intercourse sex acts, such as oral sex
- Digital penetration or penetrating the victim with an object
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What does it mean to Give Someone Consent?
Now that you have a sense of the actions that count as sexual assault, let’s talk about consent, which is another area of confusion for many people. In its most simple form, consent is an agreement between two or more parties to participate in sexual activity. Of course, consent doesn’t always mean you verbally tell the other person what you want. However, a person saying “no” or expressing discomfort with what is being done to them are clear indications that you should stop what you’re doing. If you continue to engage in sexual contact, you are doing so without the person’s consent, which is a form of sexual assault.
However, consent cannot always be given by victims in certain situations. If you are under the influence of alcohol or drugs, you are legally unable to give consent. The same principle applies if you are asleep or passed out. If you are a minor according to the laws of your state, you are also unable to give consent.
We want to stress the importance of consent involving minors, as an MMA instructor may insist that the student wanted to be with them, or that it was the student that made the first move. Certainly, it’s possible that the student has a crush on the teacher and expressed interest of an inappropriate nature. However, it’s the instructor’s duty to place firm boundaries between themselves and the student. That responsibility is not up the minor, since they lack the emotional and psychological maturity to make decisions regarding sex. Thus, any instructor who insists that the minor was a willing participant is breaking the law, not to mention victim blaming in order to avoid taking responsibility.
If you are the parent or guardian of a teen who was sexually abused by their MMA instructor, please contact the police to report the incident. Then, give us a call at our office to learn about the legal actions you can take.
Acts of Sexual Abuse involving a Minor
MMA is generally for adults, and competition rules state that you must be at least 18 to fight in a tournament. However, classes to learn basic techniques and build up the needed strength and endurance are available for teenagers.
The examples we provided in the “What is Sexual Assault?” section apply to both adult and child victims. But child sexual abuse is a more complicated subject due to the victim’s psychological development versus that of the adult’s. In short, there is a power dynamic that an MMA instructor can exploit to manipulate the student into a sex act. This is known as child sexual abuse, and it can take place in the following ways:
- Child grooming
- Sexting and other forms of sexually inappropriate communication
- Indecent exposure
- Child molestation
- Exposing the child to porn and other sexually explicit material
- Exploitation and trafficking of a minor
- Producing / disseminating child porn involving the minor
- Coercing the child into sex acts, including oral sex and intercourse
Again, any of these acts, or any act in general that’s done for sexual gratification, is illegal when it involves a minor and an adult. Thus, if an MMA instructor engaged in any kind of sexual interaction with a student under the age of consent, that is a crime according to California law.
Monetary Damages in a Sexual Assault Lawsuit
A criminal prosecution can provide victims and their families with a sense of justice, but there are many losses you will be left with as a result of the attacker’s actions. Some victims have physical injuries, like cuts, bruises, and damage to the reproductive organs. Others may not have visible injuries, but the emotional trauma of what they’ve gone through can stay with them for life. As a result, sexual assault victims can seek a variety of damages from the responsible parties, which include:
- Medical expenses
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Lost wages / lost earning capacity
- Loss of consortium
- Property damage
- Legal fees
One of our sexual assault lawsuit attorneys can advise you of all the damages you are eligible to receive. They can also calculate the right amount of funds to ask for, which will depend on the degree of your injuries (physical and /or emotional), as well as your personal circumstances. We recognize that each victim’s situation is unique, and our goal is to recover the compensation you deserve. Contact our law firm and schedule a free case evaluation.
Can I Sue the Martial Arts Studio if I was Sexually Assaulted by an MMA Instructor?
Yes, you may be able to sue the martial arts academy if you were sexually assaulted by one of their MMA instructors. The key is to establish that the business:
- Owed you a duty of care, which they do if you are a student
- Breached that duty of care through an act of negligence
- You were sexually assaulted as a result of the martial arts studio’s negligence
- Due to your assault, you sustained injuries that entitle you to compensation.
Proving negligence is the most difficult part in these cases, which means the studio failed to take reasonable precautions that would have prevented an injury to someone else. For a martial arts studio, this can mean conducting proper background checks on their instructors. Staff members should also be trained to recognize inappropriate behavior between teachers and students, and how to report those behaviors to the authorities. We find that in a lot of these cases, owners and staff were aware of what was going on, but the instructor was not fired or suspended pending an investigation. Thus, they allowed a sexual predator to continue harming students year after year.
However, there may be additional parties that are responsible in a martial arts sexual abuse case. Tournament promoters, sports venues, and athletic trainers / doctors may have known about the sexual assault, but chose to keep quiet or destroy evidence related to the incident. That’s another reason predatory MMA instructors get away with their crimes for so long.
These are just some of the concerns that we must work through in order to determine the best legal strategy for your case. To learn more about the actions we can take on your behalf, please give us a call at your earliest convenience.
I was Sexually Assaulted as a Child – Can I Still Sue?
Are you an adult that was sexually abused by an MMA instructor while you were under the age of consent? Sexually assaulted minors often keep the incident to themselves, out of fear that no one will believe them. They may also be afraid to alienate someone who is an important figure in their lives. In fact, abusive instructors often target lonely and vulnerable teens for this reason. The child may also be unaware of what’s happened to them, and it takes them years to figure out that they were sexually assaulted.
If you were sexually abused by a MMA instructor as a minor, you may have a case for compensation under AB 218, also known as California’s Assembly Bill 218. Under this law, victims have until the age of 40 to sue for a case of child sexual abuse. AB 218 also provides a three year look back window, which allows child sexual assault survivors of any age to file a lawsuit, regardless of when the assault took place. However, this look back window expires on December 31, 2022, so you must speak to a lawyer right away in order to protect your right to compensation.
The last significant development regarding AB 218 is “treble damages.” This applies to organizations that attempt to “hide evidence relating to childhood sexual assault.” So if the martial arts studio, tournament operators, or any other organization tried to conceal or destroy evidence related to a case of child sexual assault, the victim may be awarded 3 times the damages they are entitled to.
If you’d like to learn more about AB 218 and how it applies to your situation, contact our office and speak to a California sexual abuse attorney.
Speak to an MMA instructor Sexual Assault Attorney
An MMA instructor is a trusted individual, who is admired and respected by their students. Sadly, this form of admiration can be exploited by the instructor for the purpose of sexual gratification. For the victims, the experience is terrifying and shameful, and many of them choose to stay quiet. We know how scary it is to come forward, but please take the opportunity of speaking with one of our attorneys.
Your consultation is completely confidential, and there is no pressure to take legal action if you are not ready. But you should know what your rights are as a victim, which include monetary compensation for your mental and physical injuries. To recover these damages, you’ll need an experienced lawyer by your side, which is exactly what we can offer you at Normandie Law Firm. In addition to our experience in sexual assault cases, we will offer you a Zero fee guarantee for our services. You pay nothing upfront as a client, since our lawyers work on contingency. Our fees are paid by the parties that have harmed you, and that’s only if we win your case.
Our lawyers are here to assist you in any way we can, so don’t hesitate to give us a call.