Is 'conversion therapy' tortious?



Purshouse, Craig ORCID: 0000-0002-0432-119X and Trispiotis, Ilias
(2022) Is 'conversion therapy' tortious? LEGAL STUDIES, 42 (1). pp. 23-41.

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Abstract

<jats:title>Abstract</jats:title><jats:p>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 <jats:italic>Wilkinson v Downton</jats:italic>, 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.</jats:p>

Item Type: Article
Uncontrolled Keywords: torts, health, LGBT plus rights, negligence, conversion therapy
Divisions: Faculty of Humanities and Social Sciences > School of Law and Social Justice
Depositing User: Symplectic Admin
Date Deposited: 07 Jun 2021 15:34
Last Modified: 18 Jan 2023 22:35
DOI: 10.1017/lst.2021.28
Open Access URL: https://eprints.whiterose.ac.uk/174655/3/Purshouse...
Related URLs:
URI: https://livrepository.liverpool.ac.uk/id/eprint/3125456