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Sexual misconduct

April 25, 2024

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.

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 edit

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]

Among educators edit

 
Suzuki Harunobu - "Sexual Misconduct", from the book Fashionable, Lusty Mane’emon, 1770
See also: Sexual harassment in education and Sexual harassment in education in the United States
See also: Sexual abuse in primary and secondary schools and Campus sexual assault

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.[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]

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.[10]

In their 2002 survey, the AAUW reported that, of students who had been harassed, 38% were harassed by teachers or other school employees. One survey that was conducted with psychology students reports that 10% had sexual interactions with their educators; in turn, 13% of educators reported sexual interaction with their students.[11] In a national survey conducted for the American Association of University Women Educational Foundation in 2000, it was found that roughly 290,000 students experienced some sort of physical sexual abuse by a public school employee between 1991 and 2000. A major 2004 study commissioned by the U.S. Department of Education found that nearly 10 percent of U.S. public school students reported having been targeted with sexual attention by school employees. Charol Shakeshaft, a researcher in the field, claimed that sexual abuse in public schools "is likely more than 100 times the abuse by priests."[12]

In 1995, the CDC replicated part of this study with 8,810 students on 138 college campuses. They examined rape only, and did not look at attempted rape. They found that 20% of women and 4% of men had experienced rape in the course of her or his lifetime.[13][14]

On campuses, it has been found that alcohol is a prevalent issue in regards to sexual assault. It has been estimated that 1 in 5 women experience an assault, and of those women, 50–75% have had either the attacker, the woman, or both, consume alcohol prior to the assault.[15] Not only has it been a factor in the rates of sexual assault on campus, but because of the prevalence, assaults are also being affected specifically by the inability to give consent when intoxicated and bystanders not knowing when to intervene due to their own intoxication or the intoxication of the victim.[15][16]

A 2007 survey by the National Institute of Justice found that 19.0% of college women and 6.1% of college men experienced either sexual assault or attempted sexual assault since entering college.[17] In the University of Pennsylvania Law Review in 2017, D. Tuerkheimer reviewed the literature on rape allegations, and reported on the problems surrounding the credibility of rape victims, and how that relates to false rape accusations. She pointed to national survey data from the Centers for Disease Control and Prevention that indicates 1 in every 5 women (and 1 in 71 men) will be raped during their lifetime at some point. Despite the prevalence of rape and the fact that false rape allegations are rare, Tuerkheimer reported that law enforcement officers often default to disbelief about an alleged rape. This documented prejudice leads to reduced investigation and criminal justice outcomes that are faulty compared to other crimes. Tuerkheimer says that women face "credibility discounts" at all stages of the justice system, including from police, jurors, judges, and prosecutors. These credibility discounts are especially pronounced when the victim is acquainted with the accuser, and the vast majority of rapes fall into this category.[18] The U.S. Department of Justice estimated from 2005 to 2007 that about 2% of victims who were raped while incapacitated (from drugs, alcohol, or other reasons) reported the rape to the police, compared to 13% of victims who experienced physically forced sexual assault.[17]

See also edit

References edit

  1. ^ a b Defence, National (December 3, 2019). "Chapter 2 - Understanding of Sexual Misconduct". www.canada.ca.
  2. ^ "Sexual Harassment | RAINN".
  3. ^ a b c d "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. ^ a b c d e f 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. ^ a b 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. ^ a b West, Hatters-Friedman & Knoll 2010, pp. 9–10.
  11. ^ "Sex Between Students & Professors". Retrieved 25 November 2016.
  12. ^ . www.cbsnews.com. Archived from the original on 30 October 2013. Retrieved January 15, 2009.[title missing]
  13. ^ Douglas, K. A.; et al. (1997). "Results from the 1995 national college health risk behavior survey". Journal of American College Health. 46 (2): 55–66. doi:10.1080/07448489709595589. PMID 9276349.
  14. ^ "Youth Risk Behavior Surveillance: The National College Health Risk Behavior Survey -- United States, 1995". Centers for Disease Control. 14 November 1997.
  15. ^ a b Pugh, Brandie; Ningard, Holly; Ven, Thomas Vander; Butler, Leah (2016). "Victim Ambiguity: Bystander Intervention and Sexual Assault in the College Drinking Scene". Deviant Behavior. 37 (4): 401–418. doi:10.1080/01639625.2015.1026777. S2CID 147081204.
  16. ^ Pugh, Brandie; Becker, Patricia (2018-08-02). "Exploring Definitions and Prevalence of Verbal Sexual Coercion and Its Relationship to Consent to Unwanted Sex: Implications for Affirmative Consent Standards on College Campuses". Behavioral Sciences. 8 (8): 69. doi:10.3390/bs8080069. ISSN 2076-328X. PMC 6115968. PMID 30072605.
  17. ^ a b Krebs, Christopher P.; Lindquist, Christine H.; Warner, Tara D.; Fisher, Bonnie S.; Martin, Sandra L. (December 2007). "The Campus Sexual Assault (CSA) Study" (PDF). National Institute of Justice.
  18. ^ Deborah, Tuerkheimer (2017). "Incredible Women: Sexual Violence and the Credibility Discount". University of Pennsylvania Law Review. 166 (1).

Notes edit

  • Council on Ethical and Judicial Affairs (Nov 20, 1991). "Sexual misconduct in the practice of medicine". JAMA. 266 (19). American Medical Association: 2741–5. doi:10.1001/jama.266.19.2741.
  • West, SG; Hatters-Friedman, S; Knoll, JL IV. (2010). "Lessons to learn: female educators who sexually abuse their students". Psychiatric Times. 27 (8): 9–10.

External links edit

  •   Media related to Sexual misconduct at Wikimedia Commons

April 25, 2024
sexual, misconduct, misconduct, sexual, nature, which, exists, spectrum, that, include, broad, range, sexual, behaviors, considered, unwelcome, this, includes, conduct, considered, inappropriate, individual, societal, basis, morality, sexual, harassment, crimi. 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 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 Contents 1 Definitions 2 Among educators 3 See also 4 References 5 Notes 6 External linksDefinitions editIn 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 Among educators edit nbsp Suzuki Harunobu Sexual Misconduct from the book Fashionable Lusty Mane emon 1770 See also Sexual harassment in education and Sexual harassment in education in the United States See also Sexual abuse in primary and secondary schools and Campus sexual assaultA 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 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 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 10 In their 2002 survey the AAUW reported that of students who had been harassed 38 were harassed by teachers or other school employees One survey that was conducted with psychology students reports that 10 had sexual interactions with their educators in turn 13 of educators reported sexual interaction with their students 11 In a national survey conducted for the American Association of University Women Educational Foundation in 2000 it was found that roughly 290 000 students experienced some sort of physical sexual abuse by a public school employee between 1991 and 2000 A major 2004 study commissioned by the U S Department of Education found that nearly 10 percent of U S public school students reported having been targeted with sexual attention by school employees Charol Shakeshaft a researcher in the field claimed that sexual abuse in public schools is likely more than 100 times the abuse by priests 12 In 1995 the CDC replicated part of this study with 8 810 students on 138 college campuses They examined rape only and did not look at attempted rape They found that 20 of women and 4 of men had experienced rape in the course of her or his lifetime 13 14 On campuses it has been found that alcohol is a prevalent issue in regards to sexual assault It has been estimated that 1 in 5 women experience an assault and of those women 50 75 have had either the attacker the woman or both consume alcohol prior to the assault 15 Not only has it been a factor in the rates of sexual assault on campus but because of the prevalence assaults are also being affected specifically by the inability to give consent when intoxicated and bystanders not knowing when to intervene due to their own intoxication or the intoxication of the victim 15 16 A 2007 survey by the National Institute of Justice found that 19 0 of college women and 6 1 of college men experienced either sexual assault or attempted sexual assault since entering college 17 In the University of Pennsylvania Law Review in 2017 D Tuerkheimer reviewed the literature on rape allegations and reported on the problems surrounding the credibility of rape victims and how that relates to false rape accusations She pointed to national survey data from the Centers for Disease Control and Prevention that indicates 1 in every 5 women and 1 in 71 men will be raped during their lifetime at some point Despite the prevalence of rape and the fact that false rape allegations are rare Tuerkheimer reported that law enforcement officers often default to disbelief about an alleged rape This documented prejudice leads to reduced investigation and criminal justice outcomes that are faulty compared to other crimes Tuerkheimer says that women face credibility discounts at all stages of the justice system including from police jurors judges and prosecutors These credibility discounts are especially pronounced when the victim is acquainted with the accuser and the vast majority of rapes fall into this category 18 The U S Department of Justice estimated from 2005 to 2007 that about 2 of victims who were raped while incapacitated from drugs alcohol or other reasons reported the rape to the police compared to 13 of victims who experienced physically forced sexual assault 17 See also editBuddhist ethics Sexual misconduct Professional boundaries Sexual abuse Sexual bullying Sexual ethics Weinstein effectReferences edit a b Defence National December 3 2019 Chapter 2 Understanding of Sexual Misconduct www canada ca Sexual Harassment RAINN a b c d What is sexual misconduct exactly Depends on who you ask ottawacitizen Dictionary of Ethical and Legal Terms and Issues by Len Sperry 2007 Routledge pages 238 239 a b c d e f Laucius Joanne 29 January 2018 What is sexual misconduct exactly Depends on who you ask ottawacitizen com Ottawa Citizen Retrieved 9 June 2018 Operations Manual opsmanual uiowa edu University of Iowa Retrieved 9 June 2018 JAMA 1991 a b 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 Educator Sexual Misconduct A Synthesis of Existing Literature PDF Report United States Department of Education 2004 a b West Hatters Friedman amp Knoll 2010 pp 9 10 Sex Between Students amp Professors Retrieved 25 November 2016 Has Media Ignored Sex Abuse In School www cbsnews com Archived from the original on 30 October 2013 Retrieved January 15 2009 title missing Douglas K A et al 1997 Results from the 1995 national college health risk behavior survey Journal of American College Health 46 2 55 66 doi 10 1080 07448489709595589 PMID 9276349 Youth Risk Behavior Surveillance The National College Health Risk Behavior Survey United States 1995 Centers for Disease Control 14 November 1997 a b Pugh Brandie Ningard Holly Ven Thomas Vander Butler Leah 2016 Victim Ambiguity Bystander Intervention and Sexual Assault in the College Drinking Scene Deviant Behavior 37 4 401 418 doi 10 1080 01639625 2015 1026777 S2CID 147081204 Pugh Brandie Becker Patricia 2018 08 02 Exploring Definitions and Prevalence of Verbal Sexual Coercion and Its Relationship to Consent to Unwanted Sex Implications for Affirmative Consent Standards on College Campuses Behavioral Sciences 8 8 69 doi 10 3390 bs8080069 ISSN 2076 328X PMC 6115968 PMID 30072605 a b Krebs Christopher P Lindquist Christine H Warner Tara D Fisher Bonnie S Martin Sandra L December 2007 The Campus Sexual Assault CSA Study PDF National Institute of Justice Deborah Tuerkheimer 2017 Incredible Women Sexual Violence and the Credibility Discount University of Pennsylvania Law Review 166 1 Notes editCouncil on Ethical and Judicial Affairs Nov 20 1991 Sexual misconduct in the practice of medicine JAMA 266 19 American Medical Association 2741 5 doi 10 1001 jama 266 19 2741 West SG Hatters Friedman S Knoll JL IV 2010 Lessons to learn female educators who sexually abuse their students Psychiatric Times 27 8 9 10 External links edit nbsp Media related to Sexual misconduct at Wikimedia Commons Retrieved from https en wikipedia org w index php title Sexual misconduct amp oldid 1212776513, wikipedia, wiki, book, books, library,

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