The swimming community in the Washington area has been rocked by news that a prominent swimming coach, Rick Curl, has been accused for having sexual relations with an underaged girl in the 1980s. The report below details a settlement under which the girl agreed to remain silent about the allegations — allowing Curl to continue to coach and participate in the U.S. Olympic team staff. USA Swimming has issued a statement on the controversy.
Curl is the founder of the Curl Burke swim club and has now taken a leave of action. For full disclosure, three of my four children swim in this area for the Chesterbrook Tiger Sharks which are the Division One champs (which is part of USA Swimming). They have not been part of the Rick Curl program, though it is a well known presence in the area and has many elite swimmers.
Kelley Currin, whose maiden name was Kelley Davies, had decided to break the agreement after decades of silence. She said Curl had sexual relations with her for four years beginning in 1983, when she was 13. At the time, he was 33.
Currin’s parents, Gerald and Pamela Davies, learned of the alleged relationship after reading her diary — soon before she left for the University of Texas on a swimming scholarship in 1987. She says that their lawyer discouraged them from going to the police. I am not sure why any lawyer would give such advice. Indeed, it seems to raise serious ethical issues in light of the serious criminal offense. Moreover, I am unsure why parents would yield to such advice. Putting aside the natural impulse to mete out justice on a personal level, I cannot imagine treating this as a simple civil matter as a parent particularly given the risk of a habitual offender in this category of crime. However, in 1989, the parties reached a non-disclosure agreement under which Curl agreed to compensate the family $150,000 over 11 years for the “pain and suffering experienced by her” if she agreed not to press charges or speak publicly. Paying for an alleged victim not to go to police raises ethical issues.
First, I am skeptical that such an agreement could be enforced on public policy grounds.
Second, it could itself be viewed as a crime. The New York Bar dealt with this question:
A lawyer representing the aggrieved party in a case in which there is potential criminal as well as civil liability should also be cautious when a potential defendant requests a non-reporting agreement because the aggrieved party threatened prosecution before seeking advice of counsel. In such a case, and particularly if the potential defendant remains unrepresented, the lawyer who represents the potential plaintiff/complaining witness must bear in mind that it is a form of extortion, punishable as a felony, to obtain property from a person by instilling in him or her a fear that, if the property is not delivered, the actor or another will accuse some person of a crime or cause criminal charges to be instituted against him. N.Y. Penal Law ss 155.05(2)(e), 155.30(6). It is an affirmative defense to this crime that the accused “reasonably believed the threatened charge to be true and that his sole purpose was to compel or induce the victim to take reasonable action to make good the wrong which was the subject of such threatened charge.” N.Y. Penal Law s 155.15(2). If it is unreasonable to believe that a crime was committed, or if the property sought from the potential defendant has a value in excess of that required to “make good the wrong,” the lawyer representing the potential plaintiff/complaining witness must withdraw the client’s threat. Otherwise, the lawyer risks becoming an accomplice to extortion, and violating DR 7-105(A) as well as DR 1-102(A)(3) (illegal conduct involving moral turpitude) and DR 1- 102(A)(4) (conduct involving dishonesty, fraud, deceit or misrepresentation).
Such agreements seem a modern version of “blood money” systems that are still used in some Middle Eastern countries. Historically, a person would be jailed until he paid the family of the victim what they demanded. In this case, the settlement was made to avoid a criminal charge.
The saving grace for the attorney can be the fact that the client is asserting innocence and making no concession of guilt. Thus, the settlement is ostensibly based on the desire to avoid the publicity associated with such claims and not necessarily to avoid legal process.
Curl, who coached Tom Dolan to three medals in the 1996 and 2000 Olympics, recently attended the U.S. Olympic trials in Omaha.
Currin, now 43, says that she simply got fed up with remaining silent even though she agreed to the terms when she was 19. It has been 23 years. She says that their lawyer told them that Andrew Sonner, then the Montgomery County State’s Attorney, told him or her that Curl would get only “a slap on the wrist.” That raises a host of other legal questions. One is whether Sooner was informed of a statutory rape case and did not take action or encourage the charge to be filed. Sooner says he has no memory of the conversation. Another question is the questionable advice: a statutory rape charge against a person with supervision of children usually results in serious punishment. Being a coach in charge of young girls would constitute a major aggravating factor.
Finally, there is the question of criminal charges after decades of delay. In Virginia, there is no statute of limitations for sexual assault. Given the statement of the alleged victim, it will be interesting to see if prosecutors move to arrest Curl. That would place both his and the Davies’s lawyers in a precarious spot of being called to a grand jury with a host of privilege and ethical issues.
Curl remains featured on his club website and the driving force behind the success of the club. The Curl Burke swim club issued the following statement:
Dear CUBU Families,Coaches, and Staff,
In response to the article that appeared in the Washington Post today, Rick Curl has decided to take a leave of absence effective immediately. Pete Morgan will assume the role of Head Coach of the Curl Burke Swim Club. In addition, Tom Ugast, Director of Operations at CUBU since 2010 will continue to process all management functions on a day to day basis.
Curl Burke Swim Club takes very seriously the health and well being of your children that swim for our Club. All of our coaches value the time they spend with the swimmers. As a Club we follow USA Swimming’s “Safe Sport” program to help ensure the safety and well being of everyone involved in our sport.
In 2010, all of our head site coaches attended the first seminar put on by Potomac Valley Swimming in conjunction with USA Swimming to educate our coaches in athlete protection.
In 2011, under the new policies that were adopted by USA Swimming, Curl Burke adopted a program that includes a code of conduct for our coaches, training in athlete protection, and mandatory background checks of all coaches. We strive to create an atmosphere that is safe and nurturing to all of our swimmers.This article is painful for our Club. If you have any questions or concerns going forward, please contact Tom Ugast.
Source: Washington Post
Matt,.you;re an idiot. Sorry I dont usually call names but sometimes if it acts like a duck, quacks like a dick, and looks like a duck……..
Blouise, it no longer surprises me whn noone does anything unless the media becomes involved. Somewhere along the line the idea of taking personal responsibility and “manning up” has been lost.
Leading USA Swimming Coach Accused Of Statutory Rape . . . 23 Years Ago. Salem Witch trial? Don’t mean to be less than sensitive.
Is there proof the allegation is really true? If there is, what does that indicate about the people who waited 23 years to file a complaint?
Posted in wrong thread…or is it a WordPress screwup?
dealist707
1, July 26, 2012 at 4:22 pm
“There is much to be said for the work that goes into mastering a sport, but their over-emphasis perhaps leads to such abuse.”
PERHAPS? Does it or doesn’t it.
I think it does. And that is what I have written.
The great praying at the American fighting spirit altar is the cause in my mind. And every parent who helps his child pray there is indicted in my mind of child abuse—-their children’s moral values only, but more worthy of contempt for that.
“Finally, there is the question of criminal charges after decades of delay. In Virginia, there is no statute of limitations for sexual assault. Given the statement of the alleged victim, it will be interesting to see if prosecutors move to arrest Curl.”
*******************************
There is also an allegation in the Complaint that the minor was taken to California for a swim meet and molested there as well raising the possibility of federal crimes such as under provisions of the Mann Act.
coming after Sandusky perhaps people will be beginning to reassess the whole amateur sports industry that begins to train promising children rigorously at early ages. These coaches that purport to instill work ethic values in children and build their character are most merely ego-driven, self-serving individuals mouthing pious platitudes about their operations. Then too, parents get themselves caught up in the hoopla and find their lives revolving around their children’s sporting activities. There is much to be said for the work that goes into mastering a sport, but their over-emphasis perhaps leads to such abuse.
This is interesting and beginning to sound very familiar.
An investigator for USA Swimming obtained the paperwork from Currin back in April but USA Swimming did nothing until now.
“The alleged victim Kelley Currin released the following statement attacking USA Swimming and the process.
“It is disappointing that USA Swimming has known about Rick Curl and his admission for several months now and has chosen to act only when the Washington Post reports the admission.
I faxed the settlement agreement and admission by Rick Curl to a USA Swimming investigator in April of this year. I also followed up and communicated via phone with USA Swimming’s Susan Woesnner, the so-called “Athlete Protection Officer”. I know now that Woesnner was giving me lip service by saying they were sympathetic but then going ahead and giving Rick Curl coaching credentials to the US Olympic Trials in Omaha, Nebraska. For USA Swimming to tell the media that they just learned of my complaint late last Friday afternoon” (July 20), is an outright lie. There was nothing sent to USA Swimming on July 20 that it did not already have in its possession. The only thing that changed is that the Washington Post got involved. Only then did they give the appearance that they were concerned about my complaint.”
http://www.swimmingworldmagazine.com/lane9/news/USA/31368.asp?q=Rick-Curl's-Alleged-Victim;-USA-Swimming-Release-Conflicting-Statements-Regarding-Investigation
Frankly,
Thanks for repeating my message. I gather you support me.
Here is support from unbiased sources to my post above, see UEL for link:
“kinmapper
I am pleased to reply (as comments are not working) to this fine exposition of many of my thoughts. I second it with no reservations on any part of it.
However I have more to say. Having taught football players at a major football power of the South through a half decade of instructing beginning math classes to freshman mainly up to seniors to graduate (it might as well as been Mycenaean Greek to some of them), it is incumbent upon me to mention that there are normally two types of academic improprieties: those known by the sports leadership and those not even noticed by the sports leadership.
Penn State added a new extraordinary category of unholy crimes committed by members of the sports section including ones involving misprision of felonies of the most horrendous sort short of murder by torture. This I know nothing of and my position matches idealist707 as to Penn State and the partial failure of the editorial.
In my time, I discovered one of my F students playing football the next season much to my surprise. At one of our home games, his more recent math teacher sat near me but could not identify his photo in the team photo while I could!!!……………………”
He writes more on need for student ID presentation at exams, etc. And sports passes dealt out to cheaters.
Read more here: http://www.newsobserver.com/2012/07/25/2218622/swift-fair.html#dsq-content#storylink=cpy
Please remember: SPORTS BUILDS CHARACTER!
I guess it just doesn’t build quality character. The drive for success undermines whatever good can come out of sports. Too many people play only for the brass ring (big buck contract, gold medal, scholarship) and not for enjoyment of self-improvement. That gives too much power to the coaches & hangers-on that are associated with winners.
Sexual abuuse is abominable. As as old as prostitution.
And is as Jesus pointed out re the poor, they will always be with us.
While I have proposed 24/7 surveillance of sport coaches of children here is another matter.
Children sports and how they are practiced is our choice. It is also genetically driven as perhaps sexual abuse is. But we find it good for our children.
BUT IS IT IN THE FORM AND WITH MESSAGE AND GOALS WHICH IT ENTAILS OR FOLLOWS? I SAY NO..
This was posted at another blog. There I complained about their softpeddling the Penn State thing. But my main point was this:
“Big time sports is a sickness, Any fool can see that. Letting sports and alumni pay for funds needed for stadiums and to equip labs is bad for education..
Even childrens’ sports is totally corrupted. We use them to activate, motivate and teach the competitive spirit. But we expose children to false values, teach them to expect and desire the rewards of stardom, not the inner values they need.
At Johathan Turley’s law blog, the main question refers to that surrounding this headline:
Leading USA Swimming Coach Accused Of Statutory Rape . . . 23 Years Ago
.
Read it if you will.
But the problem is based on our culture where kids are entered into the proff sport culture at 6 years of age. That there are sexual abusers comes as a secondary matter in my opinion..
Sexúal abuse is widespread in our socíety. But prof sport training and its ethics to be best, to win at whatever cost has been our choice. Oddly even the educated are susceptible too. We can avoid exposure risks to sexual abuse, but we can permanently, college by college, child sport club by sport clubm CHOOSE NOT TO HAVE SUCH CULTURES WITH THEIR CORRUPTION BY MONEY AND THE MONEY DRIVE. Mens sana……!
Read more here: http://www.newsobserver.com/2012/07/25/2218622/swift-fair.html#dsq-content#storylink=cpy
First shoe dropped. Who will drop the second? Guess it depends on how this one is handled – headlines for a day or criminal charges?
No surprise.
I am beginning to think they should treat coaches as they do many many chronic pain patients: as potential felons first (many are asked to sign opiod contracts allowing, among other things, random urine testing.)
When the doctor who committed med. mal against me testified perjuriously (the Pa Superior Court said so) the state AG refused to prosecute saying ‘not enough basis’ (he testified facial paralysis “major and common complication” in 2 depositions then “unknown” on the stand). Gov. Ridge had doc as his health commissioner despite knowing of the perjury: this was purely political. The next administration I talked with state AG office. Att’y told me they would have prosecuted but missed statute of limitations (by only a few months).
I wonder if Curl was a “name” at the time or big enough player that the AG did not want to get involved.
Professor Turley says: “Paying for an alleged victim not to go to police raises ethical issues.”
If such conduct (not reporting crime) in exchange for money is done or initiated by the recipient of the money, isn’t it blackmail?
If such conduct (not reporting crime) is also another crime, such as failure to report suspicion of child abuse (duh…), doesn’t it fall into the category of obstruction of justice?
If the agreement for the money was made when the girl was still under 18, is it not also FRAUD and some kind of fiduciary crime?
WHO IS THAT LAWYER? SHOULD THAT LAWYER NOT LOSE LICENSE TO PRACTICE?
Here’s a more in depth account dealing with the subject of this thread:
http://www.washingtonpost.com/sports/olympics/swim-coach-rick-curl-local-faces-disciplinary-hearing-from-usa-swimming/2012/07/25/gJQAg78q8W_story.html
Hey Turley needs to write about this:
Pair inherits $65M sculpture, but can’t sell it to pay $29M tax bill because there is an antique stuffed bald eagle in it. LOL!!
Read more: http://www.foxnews.com/us/2012/07/24/irs-art-collection-heirs-hope-to-settle-bizarre-tax-dispute-over-canyon-collage/?intcmp=obnetwork#ixzz21kOleoh6
Disgusting story. When so many adults allowed a child molestation case to go unpunished, including the parents, is truly amazing. The lady in question was right to go public now, but how many other “victims” are out there?
Prof. Turley poses some interesting questions about the attorneys who knew of this crime and did nothing and in some cases actually allegedly advised clients to not report the crime!
No SOL for Sexual Assault….. Nice…..maybe he will get his due….. Just dues might I add…..
Adults together with other peoples children should have 24/7 supervision. That is for now a solution.
Who knows how many others at his swim club are in the on same perversion? That applies to everywhere; Penn Stete included.
As for the parental and girl’s decision. Understandable, but they left her successors open for heightened risk for sexual assault. Is that a crime? Why not? Do you have a legal choice in reporting a known criminal due to certain public risk? Certainly not an ethical choice IMHO.
She was 13 in 1983 when the alleged statutory rape began and he was 33 and it continued for 4 years … and Sandusky founded his Second Mile Charity in 1979 and made it all the way to 2012 … and that creepy priest, Lynn, endangered children for decades and was just sentenced in 2012
” … a statutory rape charge against a person with supervision of children usually results in serious punishment” … except in the fields of sports, religion, and politics.
In light of all we’ve learned in the past few months including the rape case in Louisville … understanding the parents’ actions as their 19 year old daughter was getting ready to leave for college in 1988-89 on a swimming scholarship is not really all that difficult.
Now, let’s see how the law handles the prominent swimming coach, Rick Curl, today.
And the Catholic Church, Dredd.
Why am I hearing echos of Penn State?