Purshouse, C and Trispiotis, I orcid.org/0000-0002-7458-9896 (2022) Is 'Conversion Therapy' Tortious? Legal Studies, 42 (1). pp. 23-41. ISSN 0261-3875
Abstract
So-called ‘conversion therapy’ involves therapeutic attempts to change an individual's sexual orientation or gender identity. It is widely considered to be harmful to sexual minorities and there have been calls for it to be banned in the UK. In this paper, we examine whether victims of the practice could bring tort claims against ‘therapists’ for mental harm. Focusing on talking therapies, we assess tort doctrine in the law of negligence, the rule in Wilkinson v Downton, the Protection from Harassment Act 1997 and deceit. We conclude that while some forms of conversion therapy will be tortious, others will not and so this area of law may fail to assist many victims of the practice.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © The Author(s), 2021. Published by Cambridge University Press on behalf of The Society of Legal Scholars. This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (https://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution, and |
Keywords: | torts; health; LGBT+ rights; negligence; conversion therapy |
Dates: |
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Institution: | The University of Leeds |
Academic Units: | The University of Leeds > Faculty of Education, Social Sciences and Law (Leeds) > School of Law (Leeds) |
Depositing User: | Symplectic Publications |
Date Deposited: | 27 May 2021 14:19 |
Last Modified: | 28 Jun 2022 10:59 |
Status: | Published |
Publisher: | Cambridge University Press |
Identification Number: | 10.1017/lst.2021.28 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:174655 |