Citation

Ginath Y. Med. Law 1993; 12(3-5): 375-379.

Affiliation

Talbieh Mental Health Center, Israel.

Copyright

(Copyright © 1993, International Centre of Medicine and Law)

DOI

unavailable

PMID

8231709

Abstract

On 7 March 1991 a special committee was nominated by the Deputy Minister of Health to investigate the protection of mental patients hospitalized in Israel against sexual assault and abuse. The committee reached the conclusion that 't.here were cases of sexual assault and abuse' but avoided examining the frequency of such cases. The committee interpreted the Israeli criminal law to mean that no patient has the ability to give consent to sexual relations, thus every incident of sexual relations with a patient has to be considered to be rape, that is the total responsibility rests on hospital staff. The inevitable recommendation was to convert all the psychiatric wards in Israel to unisexual wards. This article contains a critical review of the report. The main arguments brought forward are: (a) Most psychiatric wards in Israel are open, a fact that makes separation meaningless. Since the mixing of the wards both sexual and aggressive behaviour has been significantly reduced. (b) Many, if not most inpatients are voluntary and if brought to court would be found to be responsible for their actions, including their competence to give consent for sexual relations. (c) Patients, like everybody else, adjust their behaviour to the expectancies of society. The message that they are irresponsible will have a detrimental effect on their behaviour. (d) It is the staff's duty to prevent patients who may later regret their sexual behaviour from having sexual relations. This can be done without separating the wards.(ABSTRACT TRUNCATED AT 250 WORDS)

Language: en