Nursing Regulator Rejects Oral Sex Claim Against Nurse

A male nurse has been cleared by the Nursing and Midwifery Council (NMC) of allegations that he performed oral sex on a patient while providing care.

The allegation followed his earlier acquittal at Crown Court on the same matter. The case then proceeded before the NMC as part of regulatory fitness-to-practise proceedings.

Difficulties arose in the hearing as the original complainant had sadly passed away before the regulatory process began. As a result, the case was primarily reliant on hearsay evidence. While some supporting material was before the panel, it was directed carefully on the law governing the weight that could be attached to such evidence.

The panel ultimately concluded that the allegations of sexual activity were not proven. However, professional boundaries were found to have been breached in respect of unrelated conduct, leading to findings against the nurse on that separate matter.

The decision reflects the complexity of hearsay-based cases, particularly in the regulatory setting, and the need for panels to apply careful and fair directions when considering evidence of this nature.

Martyn was instructed by Emma Maher of the RCN.