Penis rub nurse was ‘showing off’

A psychiatric nurse who claimed he rubbed his penis against a colleague’s behind to show off to his male workmates has been thrown out of the profession.

Edward Jacobs grabbed a colleague’s waist and pulled her towards his erect penis in front of two male colleagues in a clinic room at the Taylor Centre in Southend-on-Sea, Essex, the Nursing and Midwifery Council heard.

Jacobs had previously claimed he had tripped and bumped into the nurse, who cannot be named for legal reasons, before later claiming it to be some sort of act.

The nurse said she could feel that Jacobs was erect as he rubbed against her, which Jacobs adamantly denied, insisting he had just been ‘larking around’ with two male colleagues seconds before.

Jacobs’ representative David Claxton submitted that his actions were ‘meant to be as a performance’ for his male colleagues and were not motivated by sexual desire, meaning it was ‘wholly improbable’ that his penis was erect during the incident.

Mr Claxton also claimed that as the encounter was so brief, there was no way the woman could have known if he was erect.

Jacobs, who qualified as a psychiatric nurse in 2003, told the panel he had to work in a car wash facility and then as a kitchen porter afterwards due to the fallout from the incident.

He then admitted that he currently works as an agency nurse, and he had not disclosed the now proven allegations to his employers.

Jacobs accepted that his actions were inappropriate, but claimed that for a ‘full picture’ of the incident the panel should consider that the colleague had previously grabbed his leg in ‘a sexual way’.

He also claimed that at the time of the incident he was under stress, which may have contributed to his actions.

Jacobs had written a ‘reflective piece’ one week before the NMC hearing, which the panel found fell ‘far short of recognising the profound and sustained impact the consequences of your actions had.’

He confessed to the allegations, but insisted that his penis was not erect and that his actions were not motivated by sexual desire.

The Nursing and Midwifery Council panel found Jacobs’ actions were sexual in nature, and his fitness to practise was found impaired.

NMC Panel Chair Stuart Gray said: ‘You accepted that your actions towards Colleague A were entirely inappropriate and apologised to the panel for the pain and humiliation that you caused to Colleague A.

‘Nurses occupy a position of privilege and trust in society and are expected at all times to be professional and to maintain professional boundaries.

‘Patients and their families must be able to trust nurses with their lives and the lives of their loved ones.

‘To justify that trust, nurses must always act with integrity. They must make sure that their conduct at all times justifies both their patients’ and the public’s trust in the profession.

‘Whilst your misconduct was not related to your clinical practice, the panel found that there would be a risk of harm to patients should you behave in a similar way at your workplace in the future.

‘The panel took into account that this was an isolated instance of misconduct and that there is no evidence of repetition of the behaviour since the incident.

‘However, the panel considered that your pre-meditated actions in grabbing Colleague A’s waist and rubbing your erect penis against her bottom thereby simulating a sexual act for your own sexual gratification to be deplorable.

‘Taking all the relevant factors into account, the panel has concluded that the nature, extent and gravity of your misconduct and behaviour, together with your lack of insight, your attitudinal problems and the likelihood of repetition, are fundamentally incompatible with you remaining on the register.’

Jacobs said that since the incident he had attended ‘a training course in professional boundaries’ funded by himself, and assured the panel that he had learned from his mistakes and it would never happen again.

Mr Claxton said that the actions were an ‘isolated incident’ in his 12-year nursing career.

He also argued that his client had been ‘deeply affected’ by the consequences of his actions, having been fired and having to ‘go through the humiliation’ of sexual misconduct allegations, and as such the risk of repeat behaviour was ‘minimal’.

The panel found that Jacobs’ actions of simulating a sexual act with Colleague A, when his penis was erect, was for his own sexual gratification, which humiliated and degraded her in front of two colleagues which abused his position of trust.

The panel also found that Jacobs’ actions had a profound, sustained and negative impact on Colleague A, there was a degree of premeditation, and as a registered nurse he should have been able to forsee the consequences of his actions.

Jacobs’ fitness to practise was found impaired and he was struck off following an 18 month suspension order.

He was struck off the register.

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