Sexual misconduct is

misconduct Misconduct is wrongful, improper, or unlawful conduct motivated by premeditated or intentional purpose or by obstinate indifference to the consequences of one's acts. It is an act which is forbidden or a failure to do that which is required. Misc ...

of a sexual nature which exists on a

spectrum A spectrum (: spectra or spectrums) is a set of related ideas, objects, or properties whose features overlap such that they blend to form a continuum. The word ''spectrum'' was first used scientifically in optics to describe the rainbow of co ...

that may include a broad range of sexual behaviors considered unwelcome. This includes conduct considered inappropriate on an individual or societal basis of

morality Morality () is the categorization of intentions, Decision-making, decisions and Social actions, actions into those that are ''proper'', or ''right'', and those that are ''improper'', or ''wrong''. Morality can be a body of standards or principle ...

sexual harassment Sexual harassment is a type of harassment based on the sex or gender of a victim. It can involve offensive sexist or sexual behavior, verbal or physical actions, up to bribery, coercion, and assault. Harassment may be explicit or implicit, wit ...

and/or criminal

sexual assault Sexual assault is an act of sexual abuse in which one intentionally Physical intimacy, sexually touches another person without that person's consent, or Coercion, coerces or physically forces a person to engage in a sexual act against their w ...

. However generally, from a purely legal standpoint, ''sexual misconduct'' is a "lay term" which represents a boundary that has been broken, dictated by a moral set of conduct, 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

). 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."

Definitions

In the legal sense, for a person in a position of authority, it includes in particular any

sexual activity Human sexual activity, human sexual practice or human sexual behaviour is the manner in which humans experience and express their sexuality. People engage in a variety of sexual acts, ranging from activities done alone (e.g., masturbation) t ...

between them and one of their subordinates. This commonly includes teachers and their students,

clergy Clergy are formal leaders within established religions. Their roles and functions vary in different religious traditions, but usually involve presiding over specific rituals and teaching their religion's doctrines and practices. Some of the ter ...

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 codes are adopted by organizations to assist members in understanding the difference between right and wrong and in applying that understanding to their decisions. An ethical code generally implies documents at three levels: codes of b ...

s. 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

. 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 Transference () is a phenomenon within psychotherapy in which repetitions of old feelings, attitudes, desires, or fantasies that someone displaces are subconsciously projected onto a here-and-now person. Traditionally, it had solely co ...

towards the physician. Therefore, sexual relationships with former patients are considered unethical by the medical profession when physicians "use or exploit the trust,

knowledge Knowledge is an Declarative knowledge, awareness of facts, a Knowledge by acquaintance, familiarity with individuals and situations, or a Procedural knowledge, practical skill. Knowledge of facts, also called propositional knowledge, is oft ...

emotion Emotions are physical and mental states brought on by neurophysiology, neurophysiological changes, variously associated with thoughts, feelings, behavior, behavioral responses, and a degree of pleasure or suffering, displeasure. There is ...

s 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 Illustration of a woman raising her dress and mooning a nun (1905) 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, and also pot ...

(exposing the buttocks),

streaking Streaking is the act of running naked through a public area for publicity, for fun, as a prank, a dare, a form of protest, or to participate in a fad. Streaking is often associated with sporting events, but can occur in more secluded areas. Str ...

(running naked through a public area) and

skinny dipping Nude swimming is the practice of swimming without clothing, whether in natural bodies of water or in swimming pools. A colloquial term for nude swimming is " skinny dipping". In both British and American English, to swim means "to move throug ...

(swimming naked), are sometimes also categorized as sexual misconduct. Despite these opinions, others believe that sexual relations in workplace settings are not unethical including between boss and employee. 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 " xual 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 " xual 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 " xual 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 " llennials and younger Gen Xers seem to have a broader definition of what constitutes harassment as well as less hesitation about discussing their experiences".

In education

A literature review of educator sexual misconduct published by the US Department of Education in 2004 written by researcher

Charol Shakeshaft Charol Shakeshaft (born 1949) is an educational researcher noted for her studies on sexual abuse of students by school staff. She co-authored a four-year study on sexual abuse at school, which first appeared in March 1995, in the educational jour ...

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 Sexual abuse or sex abuse is abusive sexual behavior by one person upon another. It is often perpetrated using physical force, or by taking advantage of another. It often consists of a persistent pattern of sexual assaults. The offender is re ...

. 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.

References

Notes

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External links

* {{DEFAULTSORT:Sexual Misconduct Sexuality and society Misconduct Sexual ethics

Definitions

In education

See also

References

Notes

External links