Position of trust
Encyclopedia
Position of trust is a legal term that is commonly used in the United Kingdom
, the United States
, and Canada
. It refers to a position of authority over another person or within an organization, for example as a supervisor
. Crimes committed by a person in a position of trust may be penalized more severely under the law, and those wishing to occupy positions of trust may be subject to special restrictions such as background checks.
or power of attorney
. The same would be true for the five standard professions. Any regulated profession dealing with the health and safety of others usually requires certification and licensing would be a position of trust. The same would be true in the hierarchy of relationships involved in education, employment, financial matters and government.
. Only after that person has left their trust may they pursue a sexual relationship with them. Abuse of trust can result in loss of the abuser's job or even their licence to practice their profession. Abuse of a position of trust for sexual relations can also lead to criminal charges being raised against the abuser. This is primarily used for the protection of young people who are above the age of consent but under the age of 18.
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, and Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
. It refers to a position of authority over another person or within an organization, for example as a supervisor
Supervisor
A supervisor, foreperson, team leader, overseer, cell coach, facilitator, or area coordinator is a manager in a position of trust in business...
. Crimes committed by a person in a position of trust may be penalized more severely under the law, and those wishing to occupy positions of trust may be subject to special restrictions such as background checks.
Parties involved
A typical position of trust at the personal level involves child custodyChild custody
Child custody and guardianship are legal terms which are used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.Following ratification of the United...
or power of attorney
Power of attorney
A power of attorney or letter of attorney is a written authorization to represent or act on another's behalf in private affairs, business, or some other legal matter...
. The same would be true for the five standard professions. Any regulated profession dealing with the health and safety of others usually requires certification and licensing would be a position of trust. The same would be true in the hierarchy of relationships involved in education, employment, financial matters and government.
Sexual relations
In the United Kingdom, a person over 18, who holds a position of trust over another who is under the age of 18 may not engage in sexual relations with that person, as it is considered to be an abuse of trust, as defined by the Sexual Offences Act 2000Sexual Offences (Amendment) Act 2000
The Sexual Offences Act 2000 is an Act of the Parliament of the United Kingdom. It changed the age of consent for male homosexual sexual activities from 18 to that for heterosexual and lesbian sexual activities at 16, or 17 in Northern Ireland...
. Only after that person has left their trust may they pursue a sexual relationship with them. Abuse of trust can result in loss of the abuser's job or even their licence to practice their profession. Abuse of a position of trust for sexual relations can also lead to criminal charges being raised against the abuser. This is primarily used for the protection of young people who are above the age of consent but under the age of 18.
See also
- Misplaced trust
- ProfessionProfessionA profession is a vocation founded upon specialized educational training, the purpose of which is to supply disinterested counsel and service to others, for a direct and definite compensation, wholly apart from expectation of other business gain....
- Professional abuseProfessional abuseProfessional abusers:* take advantage of their client or patient's trust* exploit their vulnerability* do not act in their best interests* fail to keep professional boundariesAbuse may be:* discriminatory* financial* physical/neglectful...
- Professional ethicsProfessional ethicsProfessional ethics encompass the personal and corporate standards of behaviour expected of professionals.- Professional ethics :Professional people and those working in acknowledged professions exercise specialist knowledge and skill...
- Professional responsibilityProfessional responsibilityProfessional responsibility is the area of legal practice that encompasses the duties of attorneys to act in a professional manner, obey the law, avoid conflicts of interest, and put the interests of clients ahead of their own interests....
- SupervisorSupervisorA supervisor, foreperson, team leader, overseer, cell coach, facilitator, or area coordinator is a manager in a position of trust in business...