“Any sexual activity in an adult acute inpatient unit is incompatible with the acute treatment environment and is unacceptable.”

This is the formal view of the Victorian Chief Psychiatrist — at least outlined in current guidelines.

But for many years now, there has been a debate, mainly in academic circles, about not only whether such directives are ethically justified, but whether they conflict with the numerous laws governing the treatment of patients with mental health problems.

“It really goes to the heart of how we respect and value people as humans,” says mental health researcher and lawyer Dr Christopher Maylea (PhD).