Abuse of Power and Autonomy: The Silent Struggle of Female Surgeons.

Frances Onyinah, paralegal at Cole Khan Solicitors blogs about the abuse suffered by female surgeons:

A study published on 12 September 2023 by the British Journal of Surgery has unearthed the disturbing but ultimately unsurprising realities of female surgeons and their experience of sexual harassment in the workplace.

The study found that 63% of women working in surgical settings have experienced sexual harassments from colleagues and that almost a third of women had been sexually assaulted.[1]  Concluding that “Sexual misconduct occurs frequently and appears to go unchecked in the surgical environment owing to a combination of a deeply hierarchical structure and a gender and power imbalance.” [2]

Career implications

Many female surgeons suffer in silence, with a fear that reporting such incidents would have a disastrous effect on their career in the medical field and expressed a lack of confidence in the NHS’ ability to take action. 11% of women reported experiencing forced physical contact related to career opportunities. [3]

Dr Liz O’Riodan, a retired Consultant Breast Surgeon revealed that she had experienced sexual harassment in “over half” of her jobs as a junior surgical trainee in a career spanning more than 20 years.[4]

“My job depends on that man letting me operate. He has to teach me and train me and tick off boxes so I can move on to my next job and that fear of speaking out when my career could be at stake is what makes so many women stay silent”.[5]

As surgical training relies and teaching and learnings from senior colleagues in practical training, many women feel like to speak out against those who have power and over their future careers is to risky.

When looking at the scale of abuse in NHS Trusts, in the years 2017 – 2022 nearly 35,568 sexual safety incidents, including rape, stalking and sexual assaults were reported. One way which may faith in regulatory bodies and employment organisation may be restored is to facilitate a change in the investigation process so they become more external and independent.

"He wasn't even the most senior person in the operating theatre, but he knew that behaviour was ok and that's just rotten." Judith, Consultant Surgeon[6]

More than Banter

Almost 90 per cent of women said they had witnessed sexual misconduct in the past five years with 81 per cent of men giving the same answer.

The study also found 29% of women who responded had experienced unwanted physical advances at work, with two-fifths receiving uninvited comments about their body and 38% enduring sexual banter at work.

Both women and men in the present survey indicated exposure to ‘banter cultures’, yet research has revealed that these jokes are not innocuous, instead offering an important and subtle means for perpetrators to test the boundaries of their activities, identify like-minded individuals, and desensitize others[7]

What does the law say about sexual harassment?

 Under the Equality Act 2010, harassment is behaviour that is offensive, frightening or in any way distressing. It can be intentional bullying which is obvious or violent, or it can also be unintentional, subtle and insidious.  It may also involve nicknames, teasing, jokes, name calling or other behaviour which is not with malicious intent, but which is upsetting.

The Tribunal will consider if the perpetrator knew or should have known that there was an obvious risk of offending the victim or whether the victim made it clear that the conduct was unwanted.

It is no defence to say that offensive behaviour was simply “a joke” even if the harasser did not mean to cause offence, they are still liable. Employers should therefore always remain wary of tolerating potentially discriminatory comments dressed up as workplace “banter”.

If you are experiencing harassment of any nature or less than favourable treatment within your workplace, we at Cole Khan are on hand to assist you.

[1] “Sexual harassment, sexual assault and rape by colleagues in the surgical workforce, and how women and men are living different realities: observational study using NHS population-derived weights” – British Journal of Surgery, 12 September 2023.

[2] [1] – British Journal of Surgery.

[3] [1] – British Journal of Surgery.

[4] https://inews.co.uk/news/surgeons-sleeping-patients-sexually-assault-female-colleagues-doctors-2611576

[5] https://news.sky.com/video/retired-surgeon-says-she-experienced-sexual-harassment-in-over-half-of-the-jobs-she-did-as-a-trainee-12960012

[6] https://www.bbc.co.uk/news/health-66775015

[7] [1] – British Journal of Surgery.