Matthew Carrington, the most recent in a long line of USA Swimming coaches to be caught behaving inappropriately with one of the young swimmers in his care, has been charged with Child Seduction. But what does that mean?
The crime of Child Seduction is codified at IC § 35-42-4-7, and Carrington was charged under subsection (m). Here’s the language:
(m) If a person who:
(1) is at least eighteen (18) years of age; and
(2) is the:
(A) guardian, adoptive parent, adoptive grandparent, custodian, or stepparent of;
(B) child care worker for;
engages with the child in sexual intercourse, other sexual conduct (as defined in IC 35-31.5-2-221.5), or any fondling or touching with the intent to arouse or satisfy the sexual desires of either the child or the adult, the person commits child seduction.
That “other sexual conduct” referenced “means an act involving: (1) a sex organ of one person and the mouth or anus of another person; or (2) the penetration of the sex organ or anus of a person by an object.”
So if there has to be touching of some kind to make up the crime of Child Seduction, how is it different from Child Molesting (codified at IC § 35-42-4-3)? Even though Child Molesting also requires “sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5),” there are a few important distinctions.
Generally speaking, Child Molesting applies when the victim is under 14-years-old and the perpetrator can be anyone. Child Molesting can range between a Level 4 to Level 1 Felony, depending on the circumstances. Child Seduction, on the other hand, involves a victim between 16- and 18-years-old and a perpetrator who is in some sort of position of trust with, or has some sort of authority over the victim. The crime of Child Seduction ranges from a Level 5 to a Level 6 Felony in Indiana.
Even with their differences, the crimes are equally horrific. It is sad to say, but I have worked on many Swim Coach abuse cases and have seen how the hurt and betrayal felt by the athletes (and their parents) are wounds that can never fully heal.