INTRODUCTION
Sex and human sexuality are sensitive subjects. To deal effectively with any problem of human sexuality, one has to constantly evaluate its merits and demerits from social, scientific, moral, ethical and most importantly from the legal angle. Following are some of the guidelines for therapist to keep in mind while dealing with clients with sexual problems.
CONSENT Taking informed and expressed consent is of utmost importance while managing any patient. Examining and/or treating a patient without consent would amount to assault and battery whieh is punishable under criminal law irrespective of absence of negligence or successful outcome of treatment. The consent should be free willed, informed, intelligent, specific and express. Person giving consent should be competent to do so, failing which, consent should be obtained from the lawful guardian of the patient (in cases of minor and/or mentally retarded). EXAMINATION OF A FEMALE CLIENT
Besides obtaining a valid consent, in case of a female patient, the therapist should always have a female assistant present when examining a female patient. This is important for the therapist in order to protect himself from a possible charge of indecent behavioili moli station or even a sexual offence like rape," etc. being levelled against him. Men. presence of husband or any male companion I of the female patient is nolj enough. A sex tfierrtpist, in particular, is most vulnerable and therefore should be most careful.
USE OF SURROGATE PARTNERS
Use of surrogate partners for sex therapy is questionable both ethically as well
as legally. Sexual involvement of the therapist is universally accepted as unethical.
There have been a number of cases where the liierapists themselves, having
acted as surrogates, have been punished for sexual molestation of their patients.
It may also invite a criminal charge, of. adultery in some countries, including
India. There are cases on record where (he therapists have been charged with
and convicted of rape.
Unlike some other countries, the souo-cultural set up in India is different. The
laws governing sexual behaviour are neither liberal nor evolved as much as in
some of the western countries. Besides, surrogacy is likened to prostitution by
many. Even if one were to consider surrogate partner as a therapist, then the ethical code prevents a sexual relationship with a client. Hippoeratic oath forbids
such a relationship. Moreover, there is every possibility of a disease being
transmitted, particularly the HIV infection, in view of sex with multiple partners
by a surrogate person.
Individuals should not enter even unknowingly into a situation within which
sexual relationship will be professed as t of treatment. The underlying principle
should be to do no harm to the patient. One should not indulge into any sexual
practice which violates the sexual freedom of other persons.
Therapist should have uppermost in mind the special valued of intimacy and love that our culture teaches us to nurture.
PROFESSIONAL COMPETENCY
It is the ethical responsibility of every sex therapist to maintain high standards of professional competence and integrity. Competence without integrity -or integrity without competence is an unsatisfactory compromise of professionalism. It is most important to protect the public and the other professionals from persons who represent themselves as sex therapists who are m tact lacking in competence and/or integrity.
Competence in another primary discipline such as psychology, psychiatry or
counselling is not equivalent to competence in sex therapy.
A sex therapist should possess adequate knowledge of the following :
- Sexual and reproductive anatomy and physiology.
- Developmental sexuality from a psychobiological point-of-view.
- Marital, Family and Interpersonal Relationships and Socio-cultural factors in sexual values.
- Physiological and Medical factors that may influence sexual functions such as pregnancy, contraception and fertility, illness, disability, medications etc.
- Multimodel techniques and theory of sex therapy and psychotherapy.
- Pharmacology ot the medications used to treat sexual dysfunctions particularly with respect to their adverse effects and interactions with the drugs being consumed for other ailments.
- Ethical issues in sex therapy and principles of evaluation and referral.
- Laws related to sexual behaviour.
POINTS TO BEAR IN MIND
- All forms of sex therapy which violate the local laws should be handled with care, e.g. recommending oral sex as a part of therapy is violative of section 377 of the Indian Pena! Code which deals with unnatural sexual offences.
- The Hippocratic oath forbids the physician to take advantage of the therapeutic context in order to engage in either homosexual or heterosexual relationship.
- It is a universal rule that whenevei dealing with reproductive functions is involved, express consent of both the spouses should be obtained.
- Proof of competent is the ability to provide objective and responsible services to the clients.
- There does exist a potential liability under the laws of the land prohibiting consensual conduct Mich as prostitution, fornication, lewd and lascivious behavioui and adultery which might arise from therapeutic or non-therapeutic sex research activities.
- Sex between therapist and client is always unethical. No matter how therapeutic the rationale might appear there is no justification for a therapist having sex with a client. The purpose of sex therapy is to improve function, not to change values or beliefs of the clienl.
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