Sexual misconduct

Last updated

Sexual misconduct is misconduct of a sexual nature which exists on a spectrum [1] that may include a broad range [2] of sexual behaviors considered unwelcome. This includes conduct considered inappropriate on an individual or societal basis of morality, [3] sexual harassment and/or criminal sexual assault.

Contents

However generally, [3] from a purely legal standpoint, sexual misconduct is a "lay term" [3] which represents a boundary that has been broken, dictated by a moral set of conduct, [1] particularly where the situation is normally non-sexual and therefore unusual for sexual behavior, or where there is some aspect of personal power or authority that makes sexual behavior inappropriate. A common theme, and the reason for the term misconduct, is that these violations occur during work or in a situation of a power imbalance (such as sexual harassment). [3]

The alleged misconduct can be of various degrees, such as exposure of genitals, assault, aggressive come-ons, pleading, or even inattentiveness to nonverbal cues of discomfort. [4] The "definition of sexual misconduct is far from clear" and it is a "lay term, sometimes used in institutional policies or by professional bodies", to deal with cases marked by power imbalance, coercion, and predatory behaviour." [5]

Definitions

In the legal sense, for a person in a position of authority it includes in particular any sexual activity between them and one of their 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 codes. For example, a teacher may be fired and a doctor may have their medical license revoked because of sexual misconduct. In addition, the person in the subordinate position may allege sexual harassment. The University of Iowa defines sexual misconduct as "...unwelcome behavior of a sexual nature that is committed without consent or by force, intimidation, coercion, or manipulation." [6]

Entering a sexual relationship with a subordinate, even when the contact is initiated by the latter, is considered unethical by some because of the subordinate's vulnerability to the superior 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 is considered 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 by the medical profession when physicians "use or exploit the trust, knowledge, emotions or influence derived from the previous professional relationship" in any way. [7] By contrast, legal ethics permit sexual relations with former client and, in California, with current clients as well so long as the sex is consensual and is not rendered in exchange for legal services.

Some activities which are not strictly erotic, e.g. mooning (exposing the buttocks), streaking (running naked through a public area) and skinny dipping (swimming naked), are sometimes also categorized as sexual misconduct. Despite these opinions, others believe that sexual relations in workplace settings is not unethical including between boss and employee.[ citation needed ] Many companies do not prohibit so-called fraternization but instead recognize the difference between consensual dating and improper behavior.

According to Joanne Laucius from the Ottawa Citizen, the "definition of sexual misconduct is far from clear" and the "word 'misconduct' also lacks precision — it can be used as a catch-all for all kinds of behaviour, often obscuring what actually happened". Laucius states that the terms "sexual violence or sexual harassment and assault are much more specific terms that convey the nature of the allegations." [5] Elaine Craig, an associate professor in the Schulich School of Law at Dalhousie University, states that "[s]exual misconduct is a lay term, sometimes used in institutional policies or by professional bodies. It covers an array of problematic sexual behaviour including sexual harassment, sexual assault and sexual abuse. Two of these terms have specific (and different) legal meanings: Sexual assault has a specific meaning in the criminal law context, unlike sexual misconduct, which may cover both criminal and non-criminal conduct." [5]

Elizabeth Sheehy, the Shirley Greenberg Chair for Women and the Legal Profession at the University of Ottawa, states that "[s]exual misconduct is a social issue and not a fixed line—it shifts as women gain access to economic and political equality. It's not found under criminal law, in human rights codes, or collective agreements. It might be found under professional disciplinary codes." [5] She states that "we don't have a consensus on it, either", "...except that there are three key considerations. First, a power imbalance. Second, coercion, whether implicit or explicit. Third, predatory behaviour." [5] Ally Crockford, a public educator at the Ottawa Rape Crisis Centre, states that "[s]exual misconduct is... a catch-all for behaviour that is not OK, but it's unclear how it should be classified. It could be any number of things—someone is made to feel uncomfortable, or they feel they are being watched or looked at in a certain way." [5]

Michelle Cottle wrote in The Atlantic that the "...almost infinite shades of creepy misbehavior on display are challenging the legal and cultural categories used to describe them", as this issue is, in "...some ways, uncharted territory", making it "...hard to tell how the new lines will be drawn, much less where." [8] Cottle states that "[m]illennials and younger Gen Xers seem to have a broader definition of what constitutes harassment as well as less hesitation about discussing their experiences". [8]

In education

A literature review of educator sexual misconduct published by the US Department of Education in 2004 written by researcher Charol Shakeshaft found that 9.6% of high school students have experienced some form of sexual misconduct. [9] Black, Hispanic, and Native American Indian children are at greatest risk for sexual abuse. 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. [10]

See also

Related Research Articles

<span class="mw-page-title-main">Sexual harassment</span> Unwanted sexual attention or advances

Sexual harassment is a type of harassment involving the use of explicit or implicit sexual overtones, including the unwelcome and inappropriate promises of rewards in exchange for sexual favors. Sexual harassment can be physical and/or a demand or request for sexual favors, making sexually colored remarks, showing pornography, and any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature. Sexual harassment includes a range of actions from verbal transgressions to sexual abuse or assault. Harassment can occur in many different social settings such as the workplace, the home, school, or religious institutions. Harassers or victims can be of any gender.

Abuse is the act of improper usage or treatment of a person or thing, often to unfairly or improperly gain benefit. Abuse can come in many forms, such as: physical or verbal maltreatment, injury, assault, violation, rape, unjust practices, crimes, or other types of aggression. To these descriptions, one can also add the Kantian notion of the wrongness of using another human being as means to an end rather than as ends in themselves. Some sources describe abuse as "socially constructed", which means there may be more or less recognition of the suffering of a victim at different times and societies.

<span class="mw-page-title-main">Intimidation</span> Intentional behaviour meant to cause a person humiliation, embarrassment, and discomfort

Intimidation is a behaviour and legal wrong which usually involves deterring or coercing an individual by threat of violence. It is in various jurisdictions a crime and a civil wrong (tort). Intimidation is similar to menacing, coercion, terrorizing and assault in the traditional sense.

Psychological abuse, often known as emotional abuse or mental abuse or psychological violence or non-physical abuse, is a form of abuse characterized by a person subjecting or exposing another person to a behavior that may result in psychological trauma, including anxiety, chronic depression, clinical depression or post-traumatic stress disorder amongst other psychological problems.

Sexual ethics is a branch of philosophy that considers the ethics or morality of sexual behavior. Sexual ethics seeks to understand, evaluate and critique interpersonal relationships and sexual activities from social, cultural, and philosophical perspectives. Some people consider aspects of human sexuality, such as gender identification and sexual orientation, as well as consent, sexual relations and procreation, as giving rise to issues of sexual ethics.

Workplace bullying is a persistent pattern of mistreatment from others in the workplace that causes either physical or emotional harm. It includes verbal, nonverbal, psychological, and physical abuse, as well as humiliation. This type of workplace aggression is particularly difficult because, unlike typical school bullies, workplace bullies often operate within the established rules and policies of both their organization and society. In most cases, workplace bullying is reported as being carried out by someone who is in a position of authority over the victim. However, bullies can also be peers or subordinates. When subordinates participate in bullying, this is referred to as ‘upwards bullying.’ The least visible form of workplace bullying involves upwards bullying where bullying tactics are manipulated and applied against a superior, often for strategically motivated outcomes.

Sexual harassment in education in the United States is an unwelcome behavior of a sexual nature that interferes with an American student's ability to learn, study, work or participate in school activities. It is common in middle and high schools in the United States. Sexual or gender harassment is a form of discrimination under Title IX of the Education Amendments of 1972. Sexual harassment involves a range of behavior from mild annoyances to unwanted touching and, in extreme cases, rape or other sexual assault.

<span class="mw-page-title-main">Estimates of sexual violence</span>

Estimates of sexual violence are surveys of victims of sexual violence crime that have been undertaken to estimate the prevalence of sexual violence. The prevalence of sexual violence differs from the reported sexual violence statistics according to the law enforcement agencies due to the dark figure of crime and under-reporting of crime. The surveys use a common methodology to aid comparability.

Harassment covers a wide range of behaviors of an offensive nature. It is commonly understood as behavior that demeans, humiliates, and intimidates a person, and it is characteristically identified by its unlikelihood in terms of social and moral reasonableness. In the legal sense, these are behaviors that appear to be disturbing, upsetting, or threatening. Traditional forms evolve from discriminatory grounds, and have an effect of nullifying a person's rights or impairing a person from benefiting from their rights.

Sexual consent is consent to engage in sexual activity. In many jurisdictions, sexual activity without consent is considered rape or other sexual assault.

Professional abuse is "a pattern of conduct in which a person abuses, violates, or takes advantage of a victim within the context of the abuser's profession." This typically involves a violation of the relevant professional organization's code of ethics. Organizational ethics or standards of behavior require the maintenance of professional boundaries and the treatment of people with respect and dignity.

Bullying in the medical profession is common, particularly of student or trainee physicians. It is thought that this is at least in part an outcome of conservative traditional hierarchical structures and teaching methods in the medical profession which may result in a bullying cycle.

Forensic nursing is the application of the forensic aspects of healthcare combined with the bio/psycho/social/spiritual education of the registered nurse in the scientific investigation and treatment of trauma and/or death of victims and perpetrators of violence, criminal activity, and traumatic accidents In short, forensic nursing is the care of patients intersecting with the legal system. Sexual assault perpetrated against girls and women is a pervasive problem globally and has been associated with a range of adverse mental and physical health outcomes for survivors. This includes post-traumatic stress disorder (PTSD), depression, substance use, anxiety, suicidality, and negative reproductive health outcomes.. Survivors of SA bear the burden of both acute and long-lasting sequelae, including injuries, sexually transmitted diseases, and an increased risk of chronic physical and mental health problems.

Controlling behavior in relationships are behaviors exhibited by an individual who seeks to gain and maintain control over another person. Abusers may utilize tactics such as intimidation or coercion, and may seek personal gain, personal gratification, and the enjoyment of exercising power and control. The victims of this behavior are often subject to psychological, physical, sexual, or financial abuse.

<span class="mw-page-title-main">Jonathan Vance</span> Canadian army general

General Jonathan Holbert Vance is a retired Canadian Forces officer who served as a general in the Canadian Army. Vance was the chief of the Defence Staff from 2015 to 2021.

<span class="mw-page-title-main">MeToo movement</span> Social movement against sexual abuse and harassment

#MeToo is a social movement and awareness campaign against sexual abuse, sexual harassment and rape culture, in which women publicize their experiences of sexual abuse or sexual harassment. The phrase "Me Too" was initially used in this context on social media in 2006, on Myspace, by sexual assault survivor and activist Tarana Burke. The hashtag #MeToo was used starting in 2017 as a way to draw attention to the magnitude of the problem. "Me Too" is meant to empower those who have been sexually assaulted through empathy, solidarity and strength in numbers, by visibly demonstrating how many have experienced sexual assault and harassment, especially in the workplace.

<span class="mw-page-title-main">Sexual harassment in the military</span> Sexual misconduct in the armed forces

Sexual harassment in the military is unwanted sexual behaviour experienced as threatening, offensive, or otherwise upsetting, which occurs in a military setting.

Players and former staff of teams in the National Women's Soccer League (NWSL) have leveled several allegations and formal reports of sexual abuse, harassment, misconduct, and manipulation, as well as weight-shaming, verbal and emotional abuse, and racist and sexist remarks across its history. These allegations of crossing professional boundaries with players have led to formal investigations of and by the NWSL and many of its teams and coaches, most prominently during the league's 2021 season but including events dating to the league's inception and extending to its present.

<span class="mw-page-title-main">Sexual misconduct in the British military</span> Sexual harassment and assault in the UK armed forces

Sexual misconduct in the British military is unwanted sexual behaviour occurring in military organisations of the United Kingdom, including verbal and physical harassment, assault, and rape.

The Yates Report, officially titled Report of the Independent Investigation to the U.S. Soccer Federation Concerning Allegations of Abusive Behavior and Sexual Misconduct in Women's Professional Soccer, is the official report documenting the findings and conclusions concerning abusive behavior and sexual misconduct in women's professional soccer, with a focus on the National Women's Soccer League (NWSL). The 173-page report was publicly released by the United States Soccer Federation (USSF) on October 3, 2022. It is named for Sally Yates, the King & Spalding partner who led the investigation who had previously served as acting United States Attorney General.

References

  1. 1 2 Defence, National (December 3, 2019). "Chapter 2 - Understanding of Sexual Misconduct". www.canada.ca.
  2. ↑ "Sexual Harassment | RAINN".
  3. 1 2 3 4 "What is sexual misconduct, exactly? Depends on who you ask". ottawacitizen.
  4. ↑ Dictionary of Ethical and Legal Terms and Issues, by Len Sperry, 2007 – Routledge, pages 238-239.
  5. 1 2 3 4 5 6 Laucius, Joanne (29 January 2018). "What is sexual misconduct, exactly? Depends on who you ask". ottawacitizen.com. Ottawa Citizen. Retrieved 9 June 2018.
  6. ↑ "Operations Manual". opsmanual.uiowa.edu. University of Iowa. Retrieved 9 June 2018.
  7. ↑ JAMA 1991.
  8. 1 2 Cottle, Michelle (20 December 2017). "What Does 'Sexual Misconduct' Actually Mean? The almost infinite shades of creepy misbehavior on display are challenging the legal and cultural categories used to describe them". www.theatlantic.com. The Atlantic.
  9. ↑ Educator Sexual Misconduct: A Synthesis of Existing Literature (PDF) (Report). United States Department of Education. 2004.
  10. ↑ West, Hatters-Friedman & Knoll 2010, pp. 9–10.

Notes

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.