Sexual Abuse in a Healthcare Setting

Sexual Abuse
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Sexual Abuse
Sexual abuse in a healthcare setting refers to any act that is sexual in nature, such as inappropriate touching of the patient’s private parts, nonconsensual intercourse like rape, and engaging in any sexual conduct without the consent of a patient (Fortin & Jenny, 2012). These acts may be coercive, violent, or exploitative and to which a patient has not given permission. Many cases of sexual abuse conducted by healthcare professionals have been reported in the past years. Most cases involve physician raping sedated patients, physician touching the intimate parts of the patient for sexual gratification or arousal, and physician molesting patients (Fortin & Jenny, 2012). All these acts are termed as sexual abuse because they are performed against the will of the patient. When patients visit a doctor or any healthcare professional, they trust the medical professionals to treat them with respect because they care for the patients' health. Sexual; abuse by physicians violates not only this trust but also medical ethics and the law.
A case of Sexual Abuse in Healthcare
As noted, numerous cases of sexual abuse perpetrated by healthcare professionals have been recorded. One such case is that of Thomas Mark Moore, a former Emergency Room nurse in Colorado who was sentenced to twelve years in jail after pleading guilty of fondling a heavily sedated woman in 2015 (New York Post, 2018). The accused worked at the North Suburban Medical Center in Thornton when he committed this crime. The sentence came after Moore was already convicted of assaulting the other five female patients in Weld County (The Denver Channel, 2020). He also pleaded guilty to these allegations and faced a prison sentence of twelve years.
The New York Post report that Moore was accused of sexually assaulted over ten patients across Colorado and Nebraska, and was sacked from three hospitals before being arrested. According to the New York Post (2018), the 45-year-old pleaded guilty in Weld County and sentenced to 12 years in prison for molesting a sedated female patient. The police affidavit stated that between 2014 and 2015, the defendant fondled five female patients at a University of Colorado Health Emergency Room (FOX 31 Denver, 2018). The victims appeared to law enforcement after the accused was arrested for allegedly sexually assaulting patients at the UGH emergency room in West Greeley.
According to the victims, Moore massaged their breasts while administering medicine. They also claimed that the defendant, the former nurse rubbed their shoulders, an act that made them feel uncomfortable (The Denver Channel, 2020). In Nebraska, the Scottsbluff County Court sentenced Moore for three counts of third-degree sexual assault (FOX 31 Denver, 2018). Three women reported to investigators that Moore had sexually assaulted them when working at Regional West Medical Center in Scottsbluff. He serves both sentences simultaneously.
Current State of Protections for Sexual Assault Victims and Penalties for Perpetrators in Colorado
The state of Colorado has sexual assault laws that protect the victims against any act of sexual abuse. CRS 18-3-402 is the section of Colorado’s sexual assault law that defines sexual abuse as any nonconsensual or forced sexual penetration (Findlaw, n.d). It states that anyone who intentionally inflicts sexual penetration or sexual intrusion on a victim commits sexual misconduct. Section 18-3-404 of the Colorado Revised Statutes prohibits unlawful sexual contact or sexual battery (Shouse Law, n.d). This section defines sexual contact as unwanted touching, such as groping or fondling. A person violates section 18-3-404 CRS of the Colorado Sexual contact law when you knowingly touch another person’s intimate parts without consent; deliberately cause someone to touch your private parts without their consent; and entice a minor to expose their intimate parts or have sexual intercourse with someone for sexual gratification (Findlaw, n.d).
The unlawful sexual contact is often considered as a misdemeanor and an extraordinary risk crime in Colorado. Penalties for this crime are six months to two years in jail and a fine of between $500 and $5000 (Findlaw, n.d). However, if the victim is drugged or forced to the act through coercion, threats, and intimidation, the crime becomes a class of three felonies under Colorado sexual assault law. The penalty for this crime is 4-16 years in prison and a fine of between $3,000 and $750,000 (Shouse Law, n.d). The defendant must also register as a sex offender. Gang rape is considered a class 2 felony under Colorado law. It occurs when the perpetrator is armed with a deadly weapon, and the victim suffers serious physical injuries. This c...