Hushing victims only enables predators
One piece of the monstrous Larry Nassar sexual abuse scandal has failed to get as much attention as it deserves: the confidential settlement that USA Gymnastics reached in 2016 with one of Nassar’s most well-known victims, McKayla Maroney. The settlement barred the Olympic gold medalist from speaking publicly about her accusations against Nassar, and she faced a $100,000 penalty if she did.
But last month, Maroney broke her silence anyway, as Nassar faced criminal sentencing and the public wrath of scores of courageous girls and women who finally got to speak about the unspeakable acts they had borne for so long in silence. On Monday, a judge in Michigan sentenced him to 40-125 years for abusing three more gymnasts, essentially ensuring that Nassar, 54, will spend the rest of his life in prison.
The Maroney case is yet another reminder of how often powerful men seeking to hide their misdeeds, or institutions seeking to protect their reputations, use hush money or secret settlements. And the more victims are silenced, the more predators are enabled.
Confidential settlements in sex offense cases are a major reason why predators — whether Catholic priests, Harvey Weinstein or Bill Cosby — were able to hide sexual harassment or assault for so many years.
Public knowledge is a powerful key to setting off an avalanche of reports to authorities and, ultimately, action against serial abusers.
The Catholic Church turned silencing victims and settling secretly into a dark art form in its decades-long quest to hide abuse by priests of thousands of youngsters. Not until The Boston Globe in 2002 revealed the church’s ugly bargains in more than 70 cases did the horror story of abuse begin to unfold publicly in dioceses across the country, leading to desperately needed change.
Nassar’s downfall was sparked in September 2016, when The Indianapolis Star, part of the USA TODAY Network, published allegations by two gymnasts that they had been molested by Nassar as young girls in the 1990s and early 2000s.
Within days, Nassar was relieved of his patient duties by Michigan State University. By the end of 2016, he had been charged with criminal sexual conduct in Michigan and indicted on federal child pornography charges.
About then, Maroney reached a confidential $1.25 million settlement with USA Gymnastics, the sport’s national governing body. The agreement barred her from speaking about the sexual abuse she suffered.
It’s unclear which side in the case, settled in California, first proposed confidentiality. But the very idea that an institution dedicated to the safety of young athletes would be party to keeping such abuse secret is sickening. Further, California law has for years prohibited confidential settlements involving allegations that could be prosecuted as felony sex offenses.
Lawmakers in several other states have proposed similar measures to restrict secrecy in various ways, and they should move quickly to adopt them. Abuse flourishes in the dark. States have a responsibility to see that forced silence no longer protects abusers, whether they are Catholic priests, Hollywood moguls or doctors “treating” innocent young athletes.