美国女性运动员遭受性侵害的发生机理及其问题研究  

A Study on the Reasons and Problems of Sexual Abuses on American Female Athletes

作　　者：茹倍宁 RU Beining(Human Rights Institute,Southwest University of Political Science and Law)

机构地区：[1]西南政法大学人权研究院

出　　处：《人权法学》2023年第6期97-111,139,140,共17页Journal of Human Rights Law

摘　　要：体育领域性侵害现象的严重性和普遍性是美国社会无法回避的问题。女性运动员遭受性侵害的形成机理主要表现为处于支配地位的权力压迫和处于从属地位的权力顺从。尽管美国通过诸如加强对体育组织的监管、设立安全运动中心、打击体育领域的性侵害行为等相关举措来预防和制止体育领域的性侵害现象,但美国体育治理传统模式中相互推脱责任的结构趋向和追求商业利益的价值取向,使得美国体坛的改革之路仍旧举步维艰。The seriousness and prevalence of sexual abuses in the sports world are problems that the American society cannot ignore,which is not only an infringement on the fundamental human rights of the victims,but also a desecration of Olympic sportsmanship.Sexual abuse of female athletes results from the interaction of personal factors and situational factors.The personal factors are characterized by"power oppression"with the abuser in the dominant position and"submission to power"with the victim in the subordinate position.The abuser,due to his substantial and unquestionable power gained by rich professional knowledge,experience,access to resources,and decision-making power,oppresses the victim,who is relatively vulnerable and takes complete control over her through the"seduction"process of selection,control and desensitization,"so that the victim does not know,does not dare or is unable to resist.In recent years,frequent sexual abuse scandals in the U.S.sports world have caused strong public dissatisfaction with the sports governing bodies.In response,the U.S.Congress has promulgated two new acts to prevent,combat,and punish sexual abuses in sports.One aims to strengthen the supervision over sports organizations,that is,to explicitly require the United States Olympic Committee and individual sports associations to assume more legal responsibilities in the protection of athletes'safety while enhancing the supervision and accountability system over the United States Olympic Committee and individual sports associations by the U.S.Congress.The other is to establish the U.S.Center for SafeSport,which bears the responsibilities that include,inter alia,the provision of education and training courses,the maintenance of a centralized disciplinary database,and the receipt,investigation,and resolution of reports.Although the U.S.Congress has attempted to change the current situation of negligence in the prevention and treatment of sexual abuses,it has always been difficult to eradicate them in the U.S.sports world.The situationa

关 键 词：女性运动员 性侵害 权力支配 法律保障 体育治理 

分 类 号：G80-05[文化科学—运动人体科学]