Sexual misconduct in doctors refers to any uninvited or unwelcome behaviour of a sexual nature that offends, embarrasses, harms, humiliates, or intimidates an individual or group. This can include inappropriate comments, touching, harassment, or more severe actions like assault.
The impact on a doctor’s fitness to practise is significant. Sexual misconduct is considered particularly serious by medical regulators and often results in severe sanctions. This type of behaviour poses risks to both patients and colleagues and can severely undermine public trust and confidence in the medical profession. In many cases, it leads to the doctor being suspended or struck off the medical register.
Courts have provided guidance on what constitutes sexual misconduct by doctors, particularly focusing on the intent and context of the behaviour. For instance, the Court of Appeal has emphasized that non-clinically justified sexual touching can be considered serious misconduct, even if there is no explicit sexual motivation1. This means that any inappropriate physical contact, regardless of intent, can be grounds for disciplinary action.
The General Medical Council (GMC) has updated its guidance to address sexual misconduct more effectively, emphasizing the importance of timely action and the role of employers in identifying and tackling such behaviour. This includes tightening interim orders for doctors accused of sexual misconduct.
The consequences of sexual misconduct are not limited to professional practice; they can also affect a doctor’s personal life and reputation, further impacting their ability to practise medicine.
The Good Medical Practice guidelines
The Good Medical Practice guidelines, issued by the General Medical Council (GMC), set out the standards of conduct, performance, and ethics that doctors in the UK are expected to follow.
Regarding sexual misconduct, the guidelines are very clear:
- Zero Tolerance: The GMC has a zero-tolerance policy towards sexual misconduct. This means that any behaviour of a sexual nature that is inappropriate, uninvited, or unwelcome is strictly prohibited.
- Professional Boundaries: Doctors must maintain appropriate professional boundaries with patients and colleagues. This includes avoiding any behaviour that could be interpreted as sexual, such as inappropriate comments, touching, or relationships.
- Respect and Dignity: Doctors are required to treat patients and colleagues with respect and dignity at all times. Any form of sexual misconduct undermines this principle and can lead to serious consequences for the doctor’s fitness to practise.
- Reporting and Support: The guidelines also emphasize the importance of reporting any incidents of sexual misconduct and providing support to victims. This includes creating a safe and supportive environment where individuals feel comfortable coming forward.
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Doctors should seek expert legal advice at the earliest possible opportunity when considering a restoration application because setting the correct strategy from the outset is crucial to good outcomes. This is particularly the case for insight and remediation because remediation is often a long process.
Recent case examples:
Disclaimer: This article is for guidance purposes only. Kings View Chambers accepts no responsibility or liability whatsoever for any action taken, or not taken, in relation to this article. You should seek the appropriate legal advice having regard to your own particular circumstances.