What should the AFL do when players are linked to sexual assault investigations?

The Australian Football League (AFL) and the Sydney Swans are confronting a question Australian sport has repeatedly failed to answer clearly: what should happen when players are linked to police investigations of alleged sexual violence, but the criminal process is incomplete – or inconclusive? Yesterday, it was revealed several Sydney players are at the centre of a Victoria Police investigation after an alleged sexual assault at their East Melbourne hotel following a game against Essendon on Sunday evening.

The police investigation is still in its early stages and, separately, the AFL is reportedly set to suspend the players involved for bringing the game into disrepute.

The issue raises serious questions about whether athletes should be free to play during serious investigations (due to a presumption of innocence) or whether stronger action is needed.

The immediate aftermath After news broke of the allegations, the Swans made a statement to “confirm several players were involved in an alleged incident”.

Since then, both coach Dean Cox and chief executive Matthew Pavlich expressed being “extremely disappointed”, while downplaying the incident, referring to the “situation” the players “found” themselves in.

It has been reported a complaint was made after a group of players went out drinking before inviting women back to the team hotel.

The police spoke to a number of people at the hotel, including several players.

No charges have been laid at the time of writing.

Firmer action is needed Sport forms an integral part of the Australian culture, which makes it even more important that organisations like the AFL take strong action to prevent harm and demand accountability when players or officials face serious allegations.

A presumption of innocence is fundamental to our criminal justice system, so should the players allegedly involved be allowed to play for the remainder of the season, or should the league force them to stand down? The AFL has no firm policy here, although it could look to other leagues as guides.

The NRL provides one model.

Its no-fault stand-down policy automatically removes players from competition when they are charged with certain serious offences.

Overseas, the England and Wales Cricket Board uses an interim suspension process as part of its safeguarding regulations .

Major League Baseball in the United States has a mechanism to place players on leave during investigations under their Domestic Violence, Sexual Assault and Child Abuse Policy.