Will the NFL punish Robert Kraft and the Patriots over prostitution allegations?

The NFL has its latest controversy, with the twist being that this time it involves an owner rather than a player. On Friday, news broke that police were charging New England Patriots owner Robert Kraft with soliciting sex at a Florida massage parlor, something authorities uncovered while investigating an alleged sex trafficking ring. On Monday, police issued an arrest warrant for Kraft for two separate misdemeanor charges. This turn of events has created yet another controversy for a league already plagued with them and has provided embattled commissioner Roger Goodell with yet another challenge.

What is Robert Kraft accused of doing?

According to police reports, Kraft visited the parlor on two separate occasions, one being the day of the Patriots’ AFC title game last month, and paid for a sexual act. In addition, police claim to have video evidence of one of those encounters. Kraft faces two charges of soliciting prostitution. If he is convicted, he faces up to one year in jail, a $5,000 penalty and 100 hours of education and community service.

In response, Kraft’s spokesperson issued the following statement: “We categorically deny that Mr Kraft engaged in any illegal activity. Because it is a judicial matter, we will not be commenting further.”

How big of a deal is this?

It could be quite a big deal. Since Kraft purchased the Patriots in 1994, saving them from a potential relocation, the team has turned into the NFL’s most successful franchise. Under head coach Bill Belichick, who was hired during Kraft’s tenure, the team has won six Super Bowls, including the most recent. Because of this, Kraft has become one of the most high-profile and influential owners in the league. When the NFL ended its lockout in 2011, many within the league recognized Kraft’s efforts during the negotiation process.

Now, if this were just the matter of a rich man engaging the services of a sex worker, the incident would possibly rank as more embarrassing for the league than anything else. However, officials allege that the Orchids of Asia Day Spa is involved with sex trafficking. If that ends up being the case, and it needs to be emphasized that we currently only have law enforcement’s side of events, it would be the story of one the most powerful people in the NFL being complicit, whether knowingly or not, with what amounts to modern-day slavery. That’s a big deal and the league would have to treat it as one.

How has the NFL responded so far?

After the news broke, the league released a statement simply saying, “The NFL is aware of the ongoing law enforcement matter and will continue to monitor developments.”

Could the NFL eventually punish Kraft?

That’s the question going forward. The league has received a huge amount of criticism for its disciplinary policy with, for example, cases of domestic violence being less severely punished than drug offenses. If there’s clear evidence that Kraft is guilty, the NFL will need to punish him or risk opening themselves up to legitimate charges of treating owners more leniently than players. It should also be pointed out that the league can issue punishments even if Kraft is not found guilty in court.

Goodell himself has said everyone in the NFL needs to be treated the same. When Indianapolis Colts owner Jim Irsay was arrested for driving under the influence and possession of a controlled substance in 2014, the NFL gave him a six-game suspension and a $500,000 penalty. When he announced the decision, Goodell said, “I have stated on numerous occasions that owners, management personnel and coaches must be held to a higher standard than players.”

Hasn’t the league punished the Patriots before?

Yes. In 2007, the league fined the team $250,000 and took away their first-round draft pick after an investigation revealed that Belichick illegally taped opponents’ signs. In addition, Belichick was also fined $500,000. In 2015, the team was fined $1m and lost two draft picks, including another first rounder, after quarterback Tom Brady was caught using improperly deflated footballs. Brady was also suspended four games, a punishment he eventually served after a lengthy court battle. Since this latest scandal doesn’t directly involve the team – the allegations involve Kraft’s private life – the Patriots are unlikely to be punished. the most likely punishment for Kraft would be a suspension and a hefty fine, although that won’t hurt a man worth billions too much. Although, again, attempting to predict what Goodell and company will do when it comes to issuing punishments is extremely tricky.

Could Kraft eventually lose the team?

In an article for the New York Daily News, Jane McManus makes a convincing argument that, should Kraft be found guilty, he should be banned from the league. McManus points out that Carolina Panthers owner Jerry Richardson was essentially forced out of the league after sexual harassment allegations and she argues that this case would justify a similar result. “Goodell and any owners who don’t want to be tainted by these alleged actions need to investigate and send a message,” she writes, “you can’t appeal to women if owners exploit them without consequences, whether that is on the field, as employees or even in their private lives.”

According to Sports Illustrated’s legal expert Michael McCann, that is highly unlikely, as it would require the votes of 23 of 31 eligible owners. McCann does allow for the possibility that the Kraft could be persuaded to hand over control of his team in order to save face. Kraft’s son Jonathan, who already plays a large role in the organization, would be the obvious successor.

What’s the bigger picture here?

The case, it needs to be emphasized, is far bigger than football. Kraft is just one of hundreds who have been charged with soliciting prostitution as part of this investigation. There is a legitimate sports story here involving how the NFL will treat the matter, especially considering past failures when it comes to employees mistreating women. It should not, however, overshadow the fact that the larger story appears to involve women who have been exploited and forced to work under terrible conditions. They are the real victims here, and, in comparison, the trials and tribulations of an NFL team are inconsequential.