Legal Trap: Indecent Assault

Practical Guidance for Carrying out Nursing Procedures

1. Introduction

1.1 Nurses unavoidably would have direct or indirect body contact with patients
during physical assessment and nursing procedures

1.2 Nurses should be prudent and cautious enough especially when patient’s
body is deem necessary to be exposed and/or examined.

1.3 Cultural difference of individual races should be acknowledged and

respected. Nursing staff must be aware that some nursing procedures may
cause anxiety for both male and female patients and whether the performer is
of the same gender as the patient or not.

1.4 This practical guidance aims to help nurses, both male and female, to avoid
being exposed to unfounded allegation of indecent assault.

2. General Considerations

2.1 When carrying out nursing procedures, do not undergo any unnecessary,
unjustified or inexplicable body touch. So, do make sense before touch or
expose patients.

2.2 Most patients will accept nursing procedures with direct or indirect body
touch if the necessity for the procedure is explained and performed by a nurse
who is skilled, sympathetic and gentle.

2.3 Don’t be arrogant, powerful or controlling. Be sympathetic and gentle. The

more explanation and informed consent the less chance will the person feel
embarrassed.

2.4 Patients may misinterpret clinical events because of a temporary cognitive

impairment as part of their illness or treatment (tranquilizers, sedatives, etc).

2.5 If you know someone has a tendency towards perceptions that may not be
accurate then you should have someone with you when providing care
 2.6 Be careful with the patient who had prior complaint, confrontation or
conflict with staff

2.7 If possible, a chaperone should be offered to all patients undergoing

examinations/procedures involving body contact irrespective of gender of
either the patient or the nurse. If the patient prefers not to have a chaperone
this request should be honoured and recorded in the patients’ medical records.

3. Before the examination/procedure

3.1 Consent/Permission must be obtained with explanation, discussion and

information giving. Give the patient opportunity to ask question.

3.2 If the patient expresses any doubts or reservations about the procedure, nurse
should record down the patient’s concerns as well as the nurse’s explanation.

3.3 Ensure privacy and maintain dignity of patient by appropriate arrangement

of environment.

3.4 Allow comfort zone to the patient, approach slowly, stay in their line of
vision, and avoid moving belongings, linens unnecessarily.

3.5 There should not be undue delay prior to examination once the patient has
removed any clothing.

4. During the examination/procedure

4.1 Only the involved part of the patient’s body should be normally exposed. Do
not strip an individual completely unless it is deemed necessary for the
examination / procedure.

4.2 Perform the examination/procedure with the standards that other competent
nurses would do.
 4.3 Nurses should:
4.3.1 Be courteous
4.3.2 Offer reassurance
4.3.3 Keep discussion relevant
4.3.4 Avoid unnecessary personal comments
4.3.5 Encourage questions and discussion
4.3.6 Maintain adequate privacy throughout the examination / procedure
4.3.7 Remain alert to verbal and non-verbal indications of distress from the
patient

4.4 If the patient requests to discontinue the procedure/examination, such

request should be respected.

5. Reports /Documentation

5.1 In any situation where concerns are raised or an incident has occurred, staff
should report to senior immediately and document accordingly.