Um, I had no idea that this was still possible. The AFL is trying out some new policies that would decrease sexual assault, especially hush money which is paid to women who have been victimized to "hush" them up, and for the players to avoid litigation costs.
AFL players caught paying "hush money" to victims of alleged sexual assault could be sacked under new rules designed to change attitudes towards women among some of the stars of the sport.
In widening the definition of "conduct unbecoming" in the AFL player rules, it will be illegal for a player, official, agent or club to pay a victim on the player's behalf "to avoid the costs and inconvenience of litigation".
In releasing the AFL's policy on the treatment of the women - Respect and Responsibility - AFL chief executive Andrew Demetriou said the league's penalties for sexual assault offenders ranged from fines to suspension and delisting.
I can be SO clueless sometimes, here I am thinking that something like this already WOULD be illegal.
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If the payment is to avoid a civil trial, then it is perfectly legal - it is merely a settlement of the claim before trial (which is how the vast majority of civil suits are resolved), or a negotiated settlement without a trial suit being filed. Such settlements are not always in the interests of full justice - they invariably include no admission of guilt, and an agreement by the victim not to publicize the charges or the settlement (this is the defendant's motivation to settle, but of course it also lets them off the hook). But, although it has its good and bad points, it is standard legal practice.
That being the case, I don't know how the AFL can enforce this ban. They can't take away players' legal rights to settle suits (which, under the law, is actually looked on as being to the victim's, since she's getting what she sued for in the first place without having to go to trial). As long as the players aren't dumb enough to structure the deal literally as a payoff for silence, but treat it as a normal negotiated settlement of a civil suit, the league can't interfere.
As for what's right, I agree that paying victims not to stand up for themselves is disgusting, but banning payments to victims might be worse. It would mean that every civil suit that is brought would have to go to full trial to be resolved - which would expose the victims to legal harassment by the defendants' lawyers, and would prevent some of them getting what they deserve (since not every suit will be winnable even if the player is guilty).
Of course, if players are paying off witnesses in criminal trials, that's obstruction of justice, which is illegal anyway.
i don't know. it seems to me that making this elegal would cut down on a victim's options. maybe they don't want a big monkey circus trial? maybe they don't want their name everywhere? maybe, they'd just be happy with an out of court settlement and some cash to compensate for the damages they suffered. yea its a bad option, but the reality is nthere is for some people no good option. Shit happens, and u move foward the the way that makes the most sense for your life.