A recent publication by the Professional Standards Authority (PSA) highlights a rise in final decisions involving sexual misconduct and inappropriate behaviour. This type of behaviour is seen as particularly serious by regulators and, more often than not, result in the most severe sanctions, whether the conduct takes place in professional practice or outside professional practice. Additionally, sexual misconduct is also seen to pose a risk to both to people receiving care and colleagues and can undermine public trust and confidence in our professions.

What is meant by sexual misconduct

Whilst the meaning of sexual misconduct might vary slightly between regulators, it is generally understood to mean uninvited or unwelcome behaviour of a sexual nature, or which can reasonably be interpreted as sexual, that offends, embarrasses, harms, humiliates or intimidates an individual or group.

Sexual misconduct encompasses elements of harassment, violence and abuse and can be physical, verbal or visual. It can take place within and across different genders. 

Cultural or social norms, such as rigid gender roles, can also increase the risk of misconduct and people with protected characteristics may experience sexual misconduct alongside other forms of discrimination.

The PSA noted that sexual misconduct cases are increasing in frequency and research suggests that around 40% of sexual misconduct cases before healthcare tribunals involve sexual misconduct with colleagues as opposed to patients.

Sexual motivation

There is a growing body of case law on the issue of conduct that could be deemed to be sexually motivated.  Please click or tap on the link to read more on the mentioned case law.

Colleagues v Patients

Sexual misconduct and inappropriate behaviour can manifest itself in the context of patients or colleagues.  It is noted that the fitness to practise implications of sexual misconduct involving patients are clear and generally seen as very serious.  The seriousness of sexual misconduct and inappropriate behaviour with, or involving colleagues, is, generally, speaking, treated as less serious by fitness to practise panels.

Remediation

Sexual misconduct is seen as one of the most serious allegations amongst all the health and care regulators.  Equally, allegations of this nature are often seen as a fundamental character flaw that is difficult to remediate because it points to deep-seated attitudinal problems.  The nature of character flaws and attitudinal problems are that they are difficult to remediate fully. 

The broader character and attitudinal problems associated with sexual misconduct could also point to:

• wider impacts of boundary-crossing behaviour;
• it may create a culture where boundary-crossing behaviour becomes acceptable;
• the effect on public confidence and trust in healthcare professionals. 

The right defence strategy, including, advice and guidance on insight and remediation, is key to good outcomes for health care professionals.