Sexual misconduct
Encyclopedia
Sexual misconduct is misconduct
of a sexual nature. The term may be used to condemn an act, but in some jurisdictions it has also a legal meaning.
In legal sense, for a person in a position of authority it includes in particular any sexual activity
between him or her and one of his or her subordinates. This commonly includes teachers and their students, clergy
and their congregants, doctors and their patients, and employers and their employees. While such activity is usually not explicitly illegal, it is often against professional ethical code
s. For example, a teacher may be fired and a doctor may have his or her medical license revoked because of sexual misconduct. In addition, the person in the subordinate position may allege sexual harassment
.
Entering a sexual relationship with a subordinate, even when the contact is initiated by the latter, is unethical because of the subordinate's vulnerability to the physician and the inequality of power that characterizes the relationship. In the case of the doctor-patient relationship
, having a sexual relationship with the patient even after the professional relationship has concluded remains problematic for the physician because of the potential for the patient's continuing dependence on and transference
towards the physician. Therefore, sexual relationships with former patients are considered unethical when physicians “use or exploit the trust, knowledge
, emotion
s or influence derived from the previous professional relationship” in any way.
Some activities which are not strictly erotic, e.g. mooning
, streaking
and skinny dipping
, are sometimes also categorized as sexual misconduct.
. Also at increased risk are children with disabilities; the reason for this may be their greater need for individual attention and their possible problems with communicating.
Children who have been victims of educator sexual misconduct usually have low self-esteem
, and they are likely to develop suicidal ideation and depression. Because the abuser was a person the child was encouraged to trust, he or she may experience a sense of betrayal.
Misconduct
A misconduct is a legal term meaning a wrongful, improper, or unlawful conduct motivated by premeditated or intentional purpose or by obstinate indifference to the consequences of one's acts....
of a sexual nature. The term may be used to condemn an act, but in some jurisdictions it has also a legal meaning.
In legal sense, for a person in a position of authority it includes in particular any sexual activity
Human sexual behavior
Human sexual activities or human sexual practices or human sexual behavior refers to the manner in which humans experience and express their sexuality. People engage in a variety of sexual acts from time to time, and for a wide variety of reasons...
between him or her and one of his or her subordinates. This commonly includes teachers and their students, clergy
Clergy
Clergy is the generic term used to describe the formal religious leadership within a given religion. A clergyman, churchman or cleric is a member of the clergy, especially one who is a priest, preacher, pastor, or other religious professional....
and their congregants, doctors and their patients, and employers and their employees. While such activity is usually not explicitly illegal, it is often against professional ethical code
Ethical code
An ethical code is adopted by an organization in an attempt to assist those in the organization called upon to make a decision understand the difference between 'right' and 'wrong' and to apply this understanding to their decision...
s. For example, a teacher may be fired and a doctor may have his or her medical license revoked because of sexual misconduct. In addition, the person in the subordinate position may allege sexual harassment
Sexual harassment
Sexual harassment, is intimidation, bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise of rewards in exchange for sexual favors. In some contexts or circumstances, sexual harassment is illegal. It includes a range of behavior from seemingly mild transgressions and...
.
Entering a sexual relationship with a subordinate, even when the contact is initiated by the latter, is unethical because of the subordinate's vulnerability to the physician and the inequality of power that characterizes the relationship. In the case of the doctor-patient relationship
Doctor-patient relationship
The doctor-patient relationship is central to the practice of healthcare and is essential for the delivery of high-quality health care in the diagnosis and treatment of disease. The doctor-patient relationship forms one of the foundations of contemporary medical ethics...
, having a sexual relationship with the patient even after the professional relationship has concluded remains problematic for the physician because of the potential for the patient's continuing dependence on and transference
Transference
Transference is a phenomenon in psychoanalysis characterized by unconscious redirection of feelings from one person to another. One definition of transference is "the inappropriate repetition in the present of a relationship that was important in a person's childhood." Another definition is "the...
towards the physician. Therefore, sexual relationships with former patients are considered unethical when physicians “use or exploit the trust, knowledge
Knowledge
Knowledge is a familiarity with someone or something unknown, which can include information, facts, descriptions, or skills acquired through experience or education. It can refer to the theoretical or practical understanding of a subject...
, emotion
Emotion
Emotion is a complex psychophysiological experience of an individual's state of mind as interacting with biochemical and environmental influences. In humans, emotion fundamentally involves "physiological arousal, expressive behaviors, and conscious experience." Emotion is associated with mood,...
s or influence derived from the previous professional relationship” in any way.
Some activities which are not strictly erotic, e.g. mooning
Mooning
Mooning is the act of displaying one's bare buttocks by removing clothing, e.g., by lowering the backside of one's trousers and underpants, usually bending over, whether also exposing the genitals or not...
, streaking
Streaking
Streaking is the act of running nude through a public place.-History:On 5 July 1799, a Friday evening at 7 o'clock, a naked man was arrested at the Mansion House, London, and sent to the Poultry Compter...
and skinny dipping
Skinny dipping
Nude swimming, colloquially called skinny dipping, is a term used to describe swimming naked.-Etymology:The term skinny dip, first recorded in English in the 1950s, includes the somewhat archaic word skinny, known since 1573, meaning "having to do with skin", as it exposed the naked...
, are sometimes also categorized as sexual misconduct.
Sexual Misconduct Among Educators
A literature review of educator sexual misconduct published by the US Department of Education found that 9.6% of high school students have experienced some form of sexual misconduct. In 4% to 43% of cases, the abusers were women. Black, Hispanic, and Native American children are at greatest risk for sexual abuseSexual abuse
Sexual abuse, also referred to as molestation, is the forcing of undesired sexual behavior by one person upon another. When that force is immediate, of short duration, or infrequent, it is called sexual assault. The offender is referred to as a sexual abuser or molester...
. Also at increased risk are children with disabilities; the reason for this may be their greater need for individual attention and their possible problems with communicating.
Children who have been victims of educator sexual misconduct usually have low self-esteem
Self-esteem
Self-esteem is a term in psychology to reflect a person's overall evaluation or appraisal of his or her own worth. Self-esteem encompasses beliefs and emotions such as triumph, despair, pride and shame: some would distinguish how 'the self-concept is what we think about the self; self-esteem, the...
, and they are likely to develop suicidal ideation and depression. Because the abuser was a person the child was encouraged to trust, he or she may experience a sense of betrayal.