Position of trust
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Position of trust is a legal term that is commonly used in the United Kingdom, the United States, Canada & (the Dutch equivalent) in the Netherlands. It refers to a position of authority over another person or within an organization, for example as a supervisor. Crimes committed by a person in a position of trust may be penalized more severely under the law, and those wishing to occupy positions of trust may be subject to special restrictions such as background checks.
A typical position of trust at the personal level involves child custody or power of attorney. The same would be true for the five standard professions; medicine, law, finance, education and engineering. Any regulated profession dealing with the health and safety of others usually requires certification and licensing would be a position of trust. The same would be true in the hierarchy of relationships involved in education, employment, financial matters and government.
In the United Kingdom, the Sexual Offences Act 2000 prohibits a person in a position of trust from having sexual acts with someone who cannot consent which include minors and "very vulnerable people". This is primarily used for the protection of young people who are above the age of consent but under the age of 18, or those with mental disabilities. Only after that person has left their trust may they pursue a sexual relationship with them.
In the Netherlands, incest itself is not prosecutable under Dutch Law. However, in case of an adult committing incest with a minor, the adult can be prosecuted for abusing his/her position of trust. Under this legislature, an adult does not have to share a biological relation with a minor to be able to be prosecuted for committing incest with said family member. Under this legislature, adults who are family members of a minor by marriage only, can still be prosecuted if committing incest with said minor. One does not have to be biologically related.
- Misplaced trust
- Professional abuse
- Professional ethics
- Professional responsibility
- "understanding sexual offense reform". Jubilee-centre.org. Retrieved 2013-02-09.
- G.R. No. 126545 retrieved 29 January 2012
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