Patient rights: Understanding, reporting and preventing medical sexual violations

In light of increasing reports of sexual abuse by medical professionals, it is crucial for patients to understand their rights, recognise warning signs, and know how to report misconduct. While many healthcare professionals maintain high ethical standards, the unfortunate reality is that some abuse their position of trust.

Sexual abuse by healthcare professionals is a global issue, yet its true prevalence remains difficult to determine due to widespread under-reporting. Research suggests that such misconduct is more common than official records indicate. A 2018 study published in the Journal of the American Medical Association (JAMA) found that at least three per cent of physicians face allegations of sexual misconduct during their careers. In Kenya, data from the Kenya Medical Practitioners and Dentists Council (KMPDC) shows that between 2019 and 2023, at least 120 cases of sexual misconduct by healthcare professionals were reported.

However, stigma, fear of retaliation, and institutional barriers mean that the actual number of incidents is likely much higher. This issue is not unique to Kenya. In the UK, a 2021 report by the General Medical Council (GMC) found that nearly 90 per cent of victims of sexual misconduct in medical settings do not report their abuse, highlighting the systemic nature of the problem. Recognising the serious implications of such violations, the World Health Organisation (WHO) has identified sexual abuse in healthcare as a significant barrier to patient trust and has called for stricter regulations worldwide to ensure patient safety and accountability within the medical profession.

Patients may not always recognise when they are experiencing sexual misconduct during medical consultations or procedures, making it essential to be aware of potential red flags. Unnecessary physical contact, such as touching unrelated to the medical procedure, is a common warning sign. Inappropriate comments, including sexualised remarks about a patient’s body or appearance, should also raise concern. A refusal to allow a nurse or assistant to be present during intimate examinations may indicate an attempt to avoid accountability.

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The Kenyan law provides several legal frameworks to criminalise and address sexual misconduct by medical professionals, ensuring accountability and protection for victims. The Sexual Offences Act (2006) defines and criminalises various forms of sexual assault, including abuse by professionals in positions of power, making it a crucial legal tool for prosecuting offenders. The Kenya Medical Practitioners and Dentists Act regulates medical professionals and outlines disciplinary actions for those found guilty of misconduct, reinforcing ethical standards within the healthcare sector. Additionally, the Employment Act (2007) includes provisions against sexual harassment in the workplace, covering medical settings to safeguard both patients and healthcare workers from exploitation. These legal protections are designed to deter misconduct, uphold professional integrity, and provide victims with avenues for seeking justice.

Victims of medical sexual abuse in Kenya have several reporting avenues to seek justice and support. They can file a formal complaint at a police station, where an investigation can be initiated to hold the perpetrator accountable. Cases involving doctors can be officially reported to the Kenya Medical Practitioners and Dentists Council (KMPDC), while misconduct by clinical officers falls under the jurisdiction of the Kenya Union of Clinical Officers (KUCO).

Many healthcare institutions also have internal mechanisms that allow victims to report incidents to the hospital administration, which may have sexual harassment policies and disciplinary boards in place. Additionally, victims can access support through Gender-Based Violence (GBV) hotlines, such as 1195 (GBV Helpline Kenya), which provide guidance, counselling, and assistance in navigating the reporting process.

To minimise the risk of medical sexual abuse, patients should take proactive steps to protect themselves during consultations and procedures. Requesting a chaperone is particularly important for intimate examinations, such as gynaecological or breast exams, as it ensures accountability and professional conduct. Patients should also ask questions to fully understand why a procedure is necessary and what it involves, helping to clarify expectations and reduce uncertainty. If feeling uneasy, bringing a trusted person, such as a relative or friend, can provide an added sense of security.

It is crucial to trust one’s instincts. If something feels inappropriate or uncomfortable, patients should voice their concerns or leave the situation. Additionally, documenting everything, including the doctor’s name, procedures performed, and any unusual behaviour, creates a record that can be useful if concerns arise later.

Other countries have implemented stricter regulations to prevent and address medical sexual abuse, offering valuable lessons that Kenya can adopt. In the United Kingdom, the General Medical Council (GMC) mandates public hearings for all doctors accused of sexual misconduct, with the possibility of licence revocation.

Kenya can strengthen its own protections by implementing mandatory chaperones for intimate procedures and ensuring transparent, accessible reporting structures within healthcare settings. Hospitals and medical boards must enforce strict sexual harassment policies, conduct regular ethics training for all healthcare workers, provide safe and anonymous reporting mechanisms for patients and staff, and ensure swift and fair investigations into all allegations. Without institutional commitment, even the strongest laws may fail to protect vulnerable patients. However, a significant challenge remains in breaking the silence surrounding medical sexual abuse. Speaking out, however, is crucial, not only to seek justice but also to prevent future cases and hold perpetrators accountable.