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Position of trust is a legal term that is commonly used in the United Kingdom, the United States, and Canada. It refers to a position of authority over another person or within an organization. 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.
Parties involved
A typical position of trust at the personal involves child custody or power of attorney. The same would be true for the five standard professions. 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.
Sexual relations
In the United Kingdom, a person who holds a position of trust over another may not engage in sexual relations with that person, as it is considered to be an abuse of trust, as defined by the Sexual Offences Act 2000. Only after that person has left their trust may they pursue a sexual relationship with them. Abuse of trust can result in loss of the abuser's job or even their licence to practice their profession.[citation needed] Abuse of a position of trust for sexual relations can also lead to criminal charges being raised against the abuser, especially when a minor is involved (statutory rape).[citation needed] This is primarily used for the protection of children who are above the age of consent.
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