Sexual Safety of Consumers in Mental Health Inpatient Units

Did you know that:

• Information on the prevalence of the sexual safety of consumers in mental health inpatient settings is not generally provided to people accessing inpatient treatment units or given to their family, supporters, kin, or carers?
• Research has identified Intensive Care Areas as high-risk environments for breaches of sexual safety?
• Information on where to report any incidents of sexual assault or other sexually related incidents is not routinely provided to consumers or their family, supporters, kin, or carers?

Key points

• Sexual safety in mental health inpatient units has been defined as a feeling of being safe in a mental health inpatient unit, free from coercion, sexual harassment, sexual assault, and sexual activity.
• To ensure sexual safety in mental health inpatient units, it is vital that staff knowledge and attitudes align with the practice of person-centred care.
• Reporting of sexual safety incidents is not reliable or consistent across all Australian jurisdictions.
• It is also likely that incidents related to sexual safety are underreported.
• Protecting the sexual safety of individuals in mental health inpatient untis is a significant human rights issues, and more needs to be done in Australia to comprehensively implement the articles and objects of the international human rights conventions to which Australia is a signatory.

NMHCCF recommends

1. Require all mental health inpatient staff to implement existing guidelines and undertake mandatory training.
2. Monitoring and reporting of incidents and responses to allegations of breaches of sexual safety in all acute mental health inpatient settings. All reported incidents must be pursued and investigated by the appropriate authorities with the presumption of truth.
3. Provide information in accessible formats on sexual safety rights and responsibilities, how to report sexual assault allegations, and the legal pathways must be provided to consumers and their family, supporters, kin, and carers at each admission, regularly reviewed with patients who have longer stays, and clearly displayed in facilities.
4. Establish adolescent as well as women's only mental health units in all jurisdictions.
5. Recognise diversity and the vulnerability of minority groups within the demographic, including First Nations, CALD, LGBTQIA+, young and older people, women, persons with disability.
6. All mental health inpatient units employ a lived experience peer workforce to help people feel safe in inpatient settings.
7. Development and implementation of recognised and standardised National Guidelines for Sexual Safety for Consumers in Mental Health Inpatient Settings in all Australian mental health inpatient units.
8. The Australian Government must act on the recommendations of the Parliamentary Joint Committee on Human Rights following the release of their Inquiry into Australia’s Human Rights Framework Report. This involves a commitment to implementing a new National Human Rights Framework with substantial changes to ensure its effectiveness, including introducing a National Human Rights Act.

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