In any doctor/patient relationship the patient's dependence creates an imbalance of power. So legally, a power imbalance necessarily entails a lack of consent. “There is no such thing as a consensual sexual relationship between a doctor and a patient,” says Dr. Carol Leet, former president of the College of Physicians and Surgeons of Ontario. “There is a power imbalance that makes it impossible for a patient to actually be consenting to having that relationship.”
https://www.medicalboard.gov.au/codes-guidelines-policies/sexual-boundaries-guidelines.aspx
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Doctors are expected to act in their patient’s best interests and not use their position of power and trust to exploit patients physically, sexually, emotionally or psychologically. Breaching sexual boundaries is always unethical and usually harmful for many reasons including:
Power imbalance: The doctor-patient relationship is inherently unequal. The patient is often vulnerable and in some clinical situations may depend emotionally on the doctor. To receive healthcare, patients are required to reveal information that they would not reveal to anyone else and may need to allow a doctor to conduct a physical examination. A breach of sexual boundaries in the doctor-patient relationship exploits this power imbalance.
Trust: Patients place trust in their doctor. They have a right to expect that examinations and treatment will only be undertaken in their best interests and never for an ulterior, sexual motive.
Safety: Patients subjected to sexual behaviour from their doctor may suffer emotional and physical harm.
Quality: A doctor who sexualises patients is likely to lose the independence and objectivity needed to provide them with good quality healthcare.
Public confidence: Members of the community should never be deterred from seeking medical care, permitting intimate examinations or sharing deeply personal information, because they fear potential abuse.
3. Breaches of sexual boundaries (sprectrum of behaviours)
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There is a wide range of behaviours that breach sexual boundaries, from making unnecessary comments about a patient’s body or clothing, to criminal behaviour such as sexual assault. Unwarranted physical examinations or inappropriate touching during a consultation and examination may constitute sexual assault. AHPRA will advise and support notifiers2 to report criminal behaviour to the police.
3.1 Spectrum of behaviours
Breaches of sexual boundaries include:
engaging or seeking to engage in a sexual relationship with a patient regardless of whether the doctor believes the patient consented to the sexual relationship
conducting a physical examination which is not clinically indicated or when the patient has not consented to it. An unwarranted physical examination may constitute sexual assault or abuse
behaviours of a sexual nature including:
— making sexual remarks including sexual humour or innuendo
— flirtatious behaviour
— touching patients in a sexual way
— engaging in sexual behaviour in front of a patient
— using words or acting in a way that might reasonably be interpreted as being designed or intended to arouse or gratify sexual desire
asking a patient about their sexual history or preferences, when these are not relevant to their healthcare and without explaining why it is necessary to discuss these matters
sexual exploitation or abuse3
sexual harassment4
sexual assault.
This also applies to all healthcare professionals, physical therapists, trainers… If what I heard about MM's case is true she really has a case. I don't care if she said yes when M proposed as LLuser said. It's still abuse because she's a patient. All patients are vulnerable but a patient with terrible and long-lasting complications is more vulnerable. Good case for tabloids indeed.