View source for Sexual misconduct

{{short description|Misconduct of a sexual nature; legal term in some jurisdictions}}
{{Violence against women}}
{{Violence against men}}
'''Sexual misconduct''' is [[misconduct]] of a sexual nature which exists on a [[spectrum]]<ref name="auto2">{{Cite web|url=https://www.canada.ca/en/department-national-defence/services/benefits-military/conflict-misconduct/operation-honour/orders-policies-directives/operation-honour-manual/understanding-of-sexual-misconduct.html|title=Chapter 2 - Understanding of Sexual Misconduct|first=National|last=Defence|date=December 3, 2019|website=www.canada.ca}}</ref> that may include a broad range<ref>{{Cite web|url=https://www.rainn.org/articles/sexual-harassment|title=Sexual Harassment &#124; RAINN}}</ref> of sexual behaviors considered unwelcome. This includes conduct considered inappropriate on an individual or societal basis of [[morality]],<ref name="auto3">{{Cite web|url=https://ottawacitizen.com/news/local-news/what-is-sexual-misconduct-exactly-depends-on-who-you-ask|title=What is sexual misconduct, exactly? Depends on who you ask|website=ottawacitizen}}</ref> [[sexual harassment]] and/or criminal [[sexual assault]].

However generally,<ref name="auto3"/> from a purely legal standpoint, ''sexual misconduct'' is a "lay term"<ref name="auto3"/> which represents a boundary that has been broken, dictated by a moral set of conduct,<ref name="auto2"/> 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]]).<ref name="auto3"/>

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.<ref>''Dictionary of Ethical and Legal Terms and Issues'', by Len Sperry, 2007 – Routledge, pages 238-239.</ref> 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."<ref name="auto">{{cite web |url=https://ottawacitizen.com/news/local-news/what-is-sexual-misconduct-exactly-depends-on-who-you-ask |title=What is sexual misconduct, exactly? Depends on who you ask |last=Laucius |first=Joanne |date=29 January 2018 |website=ottawacitizen.com |publisher=Ottawa Citizen |access-date=9 June 2018 }}</ref>

==Definitions==
In the legal sense, for a person in a position of authority, it includes in particular any [[human sexual behavior|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 code]]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 [[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."<ref>{{cite web |url=https://opsmanual.uiowa.edu/students/sexual-misconduct-datingdomestic-violence-or-stalking-involving-students/definitions-and-1 |title=Operations Manual |author=<!--Not stated--> |website=opsmanual.uiowa.edu |publisher=University of Iowa |access-date=9 June 2018 |archive-date=7 August 2020 |archive-url=https://web.archive.org/web/20200807131135/https://opsmanual.uiowa.edu/students/sexual-misconduct-datingdomestic-violence-or-stalking-involving-students/definitions-and-1 |url-status=dead }}</ref>

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 (social sciences)|trust]], [[knowledge]], [[emotion]]s or influence derived from the previous professional relationship" in any way.{{sfn|JAMA|1991}} 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 are not unethical including between boss and employee.{{citation needed|date=June 2018}} 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."<ref name="auto"/> 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."<ref name="auto"/>

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."<ref name="auto"/> 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."<ref name="auto"/> 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."<ref name="auto"/>

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."<ref name="auto1">{{cite web |url=https://www.theatlantic.com/politics/archive/2017/12/what-does-sexual-misconduct-actually-mean/548807/ |title=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. |last=Cottle |first=Michelle |date=20 December 2017 |website=www.theatlantic.com |publisher=The Atlantic }}</ref> 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".<ref name="auto1"/>

==In education==
{{See also|Sexual harassment in education|Sexual harassment in education in the United States|Sexual abuse in primary and secondary schools|Campus sexual assault}}
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.<ref>{{cite report |url=http://www2.ed.gov/rschstat/research/pubs/misconductreview/report.pdf |title=Educator Sexual Misconduct: A Synthesis of Existing Literature |publisher=United States Department of Education |date=2004}}</ref> 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.{{sfn|West|Hatters-Friedman|Knoll|2010|pp=9–10}}

==See also==
* {{slink|Buddhist ethics|Sexual misconduct}}
* [[Professional boundaries]]
* [[Sexual abuse]]
* [[Sexual bullying]]
* [[Sexual ethics]]
* [[Weinstein effect]]

==References==
{{reflist}}

==Notes==
*{{cite journal|title=Sexual misconduct in the practice of medicine| author=Council on Ethical and Judicial Affairs|publisher=American Medical Association|journal=JAMA|date=Nov 20, 1991|volume=266 | issue = 19|pages=2741–5|ref={{sfnref|JAMA|1991}}|doi=10.1001/jama.266.19.2741}}
*{{cite journal|last1=West|first1= SG|last2= Hatters-Friedman |first2=S|last3=Knoll |first3=JL IV. |url=http://www.psychiatrictimes.com/sexual-disorders/content/article/10168/1604146 |title=Lessons to learn: female educators who sexually abuse their students|journal= Psychiatric Times|year= 2010|volume=27 | issue = 8|pages=9–10}}

==External links==
*{{Commons category-inline}}

{{Sexual abuse}}
{{abuse}}

{{DEFAULTSORT:Sexual Misconduct}}
[[Category:Sexual misconduct| ]]
[[Category:Sexuality and society]]
[[Category:Misconduct]]
[[Category:Sexual ethics]]