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Sexual misconduct is any misconduct of a sexual nature that is of lesser offense than felony sexual assault (such as rape and molestation), 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. It frames offenses which are non-criminal but nevertheless violating of another person's personal boundary in the area of sexuality and intimate personal relationships.
Sexual misconduct is often perpetrated against an individual without his or her consent or where the power dynamics of the relationship are being challenged in an effort to redefine the nature or form of consent necessary in a given circumstance. 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.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."
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."
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.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."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."
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."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." 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."
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."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".
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.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.
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, they may experience a sense of betrayal.
Sex and the law deals with the regulation by law of human sexual activity. Sex laws vary from one place or jurisdiction to another, and have varied over time, and unlawful sexual acts are also called sex crimes.
A restraining order or protective order is an order used by a court to protect a person, object, business, company, state, country, establishment, or entity, and the general public, in a situation involving alleged domestic violence, child abuse, assault, harassment, stalking, or sexual assault. In the United States, every state has some form of domestic violence restraining order law, and many states also have specific restraining order laws for stalking and sexual assault.
Sexual harassment is a type of harassment involving the use of explicit or implicit sexual overtones, including the unwelcome or inappropriate promise of rewards in exchange for sexual favors. 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, churches, etc. Harassers or victims may be of any gender.
Abuse is the improper usage or treatment of a 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.
Edna Mahan Correctional Facility for Women is a prison facility for women of the state of New Jersey Department of Corrections, located in Union Township, Hunterdon County, New Jersey, near Clinton. Its official abbreviation is EMCFW. The facility was named for Edna Mahan, one of the first female correctional superintendents in the U.S.
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.
Victimisation is the process of being victimised or becoming a victim. The field that studies the process, rates, incidence, effects, and prevalence of victimisation is called victimology.
Sexual consent is consent to engage in sexual activity. Sexual activity without consent is considered rape or other sexual assault. In the late 1980s, academic Lois Pineau argued that society must move towards a more communicative model of sexuality so that consent becomes more explicit and clear, objective and layered, with a more comprehensive model than "no means no" or "yes means yes". Many universities have instituted campaigns about consent. Creative campaigns with attention-grabbing slogans and images that market consent can be effective tools to raise awareness of campus sexual assault and related issues.
Legal abuse refers to unfair or improper legal action initiated with selfish or malicious intentions. Abuse can originate from nearly any part of the legal system, including frivolous and vexatious litigants, abuses by law enforcement, incompetent, careless or corrupt attorneys and misconduct from the judiciary itself.
The relationship between BDSM and the law changes significantly from nation to nation. It is entirely dependent on the legal situation in individual countries whether the practice of BDSM has any criminal relevance or legal consequences. Criminalization of consensually implemented BDSM practices is usually not with explicit reference to BDSM, but results from the fact that such behavior as spanking or cuffing someone could be considered a breach of personal rights, which in principle constitutes a criminal offense. In Germany, Netherlands, Japan and Scandinavia, such behavior is legal in principle. In Austria the legal status is not clear, while in Switzerland some BDSM practices can be considered criminal. Spectacular incidents like the US scandal of People v. Jovanovic and the British Operation Spanner demonstrate the degree to which difficult grey areas can pose a problem for the individuals and authorities involved. It is very important to learn the legal status of the right of consent in the judicial statue of the country of resident for the practitioners of BDSM.
Forensic nursing is defined as the application of the nursing process to public or legal proceedings, and the application of forensic health care in the scientific investigation of trauma and/or death related to abuse, violence, criminal activity, liability, and accidents.
ASL19 is an independent technology organisation that works toward practical responses for online access to information. Their work has been mired in allegations of sexual abuse and workplace harassment.
In late 2014, Canadian radio host Jian Ghomeshi was arrested and charged with four counts of sexual assault, and one count of overcoming resistance by choking, in relation to three complainants. He was charged with three additional counts related to three more women on January 8, 2015. On October 1, 2015, Ghomeshi pleaded not guilty to one count of choking and four counts of sexual assault. The trial began on February 1, 2016. He was acquitted of all five charges on March 24, 2016.
In October 2012, Canadian-American couple Joshua Boyle and Caitlan Coleman were kidnapped in Ghazni Province of Afghanistan while on a trip through Central and South Asia. They were held by the Haqqani network until October 2017 when they were rescued by Pakistani forces in Kurram Agency, Pakistan. During their captivity, Coleman gave birth to three children.
The Me Toomovement, with variations of related local or international names, is a social movement against sexual abuse and sexual harassment where people publicize allegations of sex crimes committed by powerful and/or prominent men. The phrase "Me Too" was initially used in this context on social media in 2006, on Myspace, by sexual harassment survivor and activist Tarana Burke.
The Weinstein effect is a global trend in which allegations of sexual misconduct by famous or powerful men are disclosed. The first of a worldwide wave of allegations were made in the United States in October 2017, when media outlets reported on sexual abuse allegations against film producer Harvey Weinstein. The allegations were described as a "tipping point" or "watershed moment" and precipitated a "national reckoning" against sexual harassment.
Sexual harassment in the military is unwanted sexual behaviour, which is defined as threatening, offensive, or otherwise upsetting to others in a military setting. The behaviour is more common in the military than in civilian life. Women are substantially more likely than men to experience sexual harassment in the armed forces. Other groups at higher risk include child cadets/recruits and military detainees.
The Me Too movement in India is a manifestation of the international Me Too movement that began in late 2018 in areas of Indian society including the government, the media, and the Bollywood film industry. In India, the Me Too movement is seen as either an independent outgrowth influenced by the international campaign against sexual harassment of women in the workplace, or an offshoot of the American "Me Too" social movement. Me Too began gaining prominence in India with the increasing popularity of the international movement, and later gathered sharp momentum in October 2018 in the entertainment industry of Bollywood, centered in Mumbai, when actress Tanushree Dutta accused Nana Patekar of sexual harassment. This led to many women in the news media, Indian films, and even within the government to speak out and bring allegations of sexual harassment against a number of perpetrators.
Sexual abuse by yoga gurus is the exploitation of the position of trust occupied by a master of any branch of yoga for personal sexual pleasure. Allegations of such abuse have been made against gurus in international yoga as exercise such as Bikram Choudhury, John Friend, Kausthub Desikachar, Amrit Desai, and K. Pattabhi Jois. There have been some criminal convictions and lawsuits for civil damages.
The Me Too movement in Pakistan is modeled after the international Me Too movement and began in late 2018 in Pakistani society. It has been used as a springboard to stimulate a more inclusive, organic movement, nuanced of local settings, and has aimed to reach all sectors, including the lowest rungs of society.