What is sexual misconduct?
Sexual misconduct encapsulates all forms of harassment or unacceptable behaviour of a sexual nature. It can include, but is not limited to:
- sexual assault or harassment
- stalking
- repeatedly propositioning someone
- pressure for sexual activity in exchange for opportunities
- making sexual comments about a person.
There are many other examples of behaviour that would constitute sexual misconduct.
Sexual misconduct is most commonly perpetrated by men towards women. The LGBTQ+ community and younger members of the workforce are also more likely to be targets of this behaviour. The additional risk to these groups must be acknowledged, but it is important to note that anyone can be a target or perpetrator of this behaviour.
Options if you have been a subject of sexual misconduct
- As soon as possible after the event(s), make a note of what happened. Include dates, times, names and any witnesses, even if at this stage you have no intention of reporting the incident(s).
- Raise the incident with your manager or supervisor.
- Contact the BMA for advice.
- Find a colleague or student that you trust and get advice.
- Report the incident formally through your employer’s grievance procedure.
- Report to the police. Your employer should support you if you choose to report an incident to the police, but they should not put pressure on you to make a particular decision.
- Seek advice from a specialist service such as Rape Crisis UK or Rights of Women which can give advice on reporting incidents of sexual misconduct that have taken place in an employment environment.
The law
In law under the Sexual Offences Act 2003:
- sexual assault is defined as sexual touching without consent and carries a maximum sentence of 10 years in prison
- rape is defined as someone with a penis penetrating another person's vagina, anus or mouth without consent, and carries a maximum sentence of life in prison
- assault by penetration is defined as someone penetrating another person's vagina, anus or mouth with a part of their body or anything else, without their consent, and carries a maximum sentence of life in prison.
The Equality Act 2010 says someone sexually harasses another person in employment if they:
- engage in unwanted conduct of a sexual nature and
- the conduct has the purpose or effect of either violating the other person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.
This unwanted sexual conduct can happen in person, on the phone, by text or email, or online. Both the harasser and the victim or survivor can be of any gender.
Some forms of sexual harassment automatically break criminal law in England and Wales and are therefore crimes. These include:
- stalking
- indecent exposure
- ‘upskirting’
- any sexual harassment involving physical contact (this amounts to sexual assault in English and Welsh law).
Professional standards for doctors
The GMC’s Good Medical Practice includes a specific standard on sexual misconduct that states:
You must not act in a sexual way towards colleagues with the effect or purpose of causing offence, embarrassment, humiliation or distress. What we mean by acting ‘in a sexual way’ can include – but isn’t limited to – verbal or written comments, displaying or sharing images, as well as unwelcome physical contact.
Preventing sexual misconduct in the workplace
Check if your employer has signed the BMA’s ending sexism in medicine pledge. By becoming a signatory to the pledge, they are committing to their medical workforce that they will introduce progressive changes that address sexism, including preventing sexual misconduct.
If you are employed by the NHS, your employer is obligated to sign the NHS England’s Sexual Safety Charter. You can confirm to see if your employer is being compliant with the charter.
From 26 October 2024, employers have a legal duty to implement measures to actively prevent sexual harassment from taking place under the Worker Protection Act (2024). If an employer fails to take reasonable steps to prevent sexual harassment, the Equality and Human Right Commission can take enforcement steps, plus any successful tribunal claim will be subject to a compensation uplift of up to 25%.
Support services
- BMA has wellbeing support services. Our free and confidential 24/7 counselling line and peer support service are open to all doctors and medical students.
- If you have been raped or sexually assaulted you can seek help at a Sexual Assault Referral Centre (SARC). Find your nearest centre.
- Rights of Women provides free employment legal advice to women in England and Wales experiencing sexual harassment at work.
- Rape Crisis England and Wales is a charity aiming to support those who have been sexually assaulted, harassed or who have experienced any form of sexual violence.
- Survivors UK has a free, confidential helpline for men and non-binary people affected by sexual violence.
- GALOP offers a free helpline and support service for LGBTQ+ people who have been affected by abuse and violence.