ABSTRACT
Chapter 5 examines sexual exploitation and sexual boundary breaches in the doctor-patient relationship. First, we focus on when doctors' sexual boundary breaches are exploitative, tackling the contentious issue of consent and exploitation through offering inducements, and questioning the appropriateness of the professional zero-tolerance approach to sexual boundary breaches in all cases. Secondly, we identify a gap in the criminal law, proposing a new abuse of trust offence: intentionally causing a relevant sexual act to occur through exploiting another by exercising undue influence. We highlight the potential that fiduciary law offers to address doctors' sexual exploitation of their patients.
