For nurses and their patients, the term “sexual abuse” has a specific legal meaning defined under the Regulated Health Professions Act, 1991.

Sexual abuse of a patient by a nurse is defined as:

• sexual intercourse or other forms of physical sexual relations between the nurse and the patient
• touching, of a sexual nature¹, of the patient by the nurse (for example, touching a patient’s genitals when it is not required in caring for the patient)
• behaviour or remarks of a sexual nature by the nurse toward the patient (for example, touching a patient’s shoulder or hand unnecessarily and in a manner that implies a sexual interest in the patient
• behaviour or remarks of a sexual nature by the nurse toward the patient (for example, touching a patient’s shoulder or hand unnecessarily and in a manner that implies a sexual interest in the patient or commenting on the size of a patient’s breasts or genitals)

Patient sexual abuse is different from the criminal act of sexual assault, which refers to a sexual act without consent. In the context of a nurse-patient relationship, it does not matter if the patient consents; it is always sexual abuse.