Meaning of “position of trust”?

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Crimes committed by someone in a position of trust towards the victim are considered serious and can result in heavier penalties. Sex crimes, financial crimes, and malpractice crimes can all have an element of trust present. Civil lawsuits can also be filed, such as malpractice lawsuits. Victims are more vulnerable when they know and trust the perpetrator.

Many legal systems around the world consider crimes committed by a person in a position of trust towards the victim to be very serious. As such, the perpetrator often faces a heavier penalty. A position of trust, in legal terms, refers to a situation in which a person holds a position of authority over another person and uses that position to their advantage to commit a crime or to harm the victim in some way. Liability for abuse of this position is not limited to criminal prosecution and, in some cases, even a civil lawsuit may be filed.

The legal systems in Europe, Canada and the United States recognize all crimes that can be aggravated by the existence of a position of trust. There are a variety of crimes that can have an element of trust present, such as sex crimes, financial crimes, and malpractice crimes. As a rule, such a crime is punished more severely than a similar crime by someone who is not in the same position.

Victims of sex crimes are especially likely to be victimized when the perpetrator is someone they know and trust. Unsurprisingly, it’s easier for a person to gain access to a victim when he trusts the abuser. Similarly, many financial crimes, such as fraud, are more likely to be committed when the victim believes the perpetrator can trust her or her money. Neglect crimes, such as elder abuse, are especially prone to being committed by a person the victim not only knows and trusts, but also relies on to care for them.

In addition to actual crimes, civil suits can also be brought on the basis that the defendant harmed the plaintiff due, in part, to the fact that the plaintiff knew and trusted the defendant. Malpractice lawsuits are a good example of a situation where a victim may be hurt physically, financially, or emotionally by a person who was in a position of trust. Licensed professionals are generally held to a high standard of professional conduct due to their positions. In a civil suit, the defendant does not risk prison time, but may be held liable and ordered to compensate the plaintiff for his injuries.




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