A position of trust is any position that grants a person authority over another person or people, or valuable things, and carries a legal and ethical obligation to appropriately exercise that authority. The term may be used in a more restricted sense as defined by an organization or by legislation.
According to one common definition, it is any position that has liability for "cash, keys, or kids (minors)". The concept of "keys" refers to security, including IT security and management.
Crimes may be punished more severely if committed by a person in a position of trust, and people proposed for positions of trust may be subject to
background check
A background check is a process used by an organisation or person to verify that an individual is who they claim to be, and check their past record to confirm education, employment history, and other activities, and for a criminal record. The fr ...
s, and scrutiny of their actions.
Parties involved
A typical position of trust at the personal level involves
child custody
Child custody is a legal term regarding '' guardianship'' which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of ''legal custody'', which is the ri ...
or
power of attorney
A power of attorney (POA) or letter of attorney is a written authorization to represent or act on another's behalf in private affairs (which may be financial or regarding health and welfare), business, or some other legal matter. The person auth ...
. 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 and would be a position of trust. The same would be true in the hierarchy of relationships involved in education, employment, financial matters and government.
Sexual relations
In the United Kingdom, the
Sexual Offences Act 2000 prohibits a person in a position of trust from performing sexual acts with someone who cannot consent, which includes minors and "very vulnerable people". This is primarily used for the protection of young people who are above the
age of consent
The age of consent is the age at which a person is considered to be legally competent to consent to Human sexual activity, sexual acts. Consequently, an adult who engages in sexual activity with a person younger than the age of consent is un ...
but under the age of 18 and for the protection of people with mental disabilities. Only after a person is no longer in a position of trust may they pursue a sexual relationship with a person previously entrusted to them. Similarly, molestation by a person in a position of trust is also a criminal offence in
Singapore
Singapore, officially the Republic of Singapore, is an island country and city-state in Southeast Asia. The country's territory comprises one main island, 63 satellite islands and islets, and one outlying islet. It is about one degree ...
punishable by imprisonment.
In the Netherlands,
incest
Incest ( ) is sexual intercourse, sex between kinship, close relatives, for example a brother, sister, or parent. This typically includes sexual activity between people in consanguinity (blood relations), and sometimes those related by lineag ...
itself is not prosecutable, but if an adult commits incest with a family member that is a minor, the adult can be prosecuted for abusing his/her position of trust. The adult family member does not have to be biologically related to the minor to be prosecutable for this offence. The relevant legislation also applies to adults who are family members only by marriage.
See also
*
Conflict of interest
A conflict of interest (COI) is a situation in which a person or organization is involved in multiple wikt:interest#Noun, interests, financial or otherwise, and serving one interest could involve working against another. Typically, this relates t ...
*
Misplaced loyalty
*
Profession
A profession is a field of Work (human activity), work that has been successfully professionalized. It can be defined as a disciplined group of individuals, professionals, who adhere to ethical standards and who hold themselves out as, and are ...
*
Professional abuse Professional abuse is "a pattern of conduct in which a person abuses, violates, or takes advantage of a victim within the context of the abuser's profession." This typically involves a violation of the relevant professional organization's code of et ...
*
Professional ethics
Professional ethics encompass the personal and corporate standards of behavior expected of professionals.
The word professionalism originally applied to vows of a religious order. By no later than the year 1675, the term had seen secular appli ...
*
Professional responsibility
Professional responsibility is a set of duties within the concept of professional ethics for those who exercise a unique set of knowledge and skill as professionals.
Professional responsibility applies to those professionals making judgments, a ...
*
Supervisor
A supervisor, or lead, (also known as foreman, boss, overseer, facilitator, monitor, area coordinator, line-manager or sometimes gaffer) is the job title of a lower-level management position and role that is primarily based on authority over la ...
References
External links
As defined in UK laws on sex offenses
{{Authority control
Legal ethics
Legal terminology