The MSP asked the First Minister how the Scottish Government is responding to reports that 182 sexual assaults, including rapes, have taken place in hospitals in the last five years.
Mr Swinney said anyone working or seeking care at NHS premises should be able to do so without fear of abuse and there are measures in place to deal with such incidents.
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The First Minister told the Chamber: “Assaults on patients or staff are absolutely abhorrent and cannot be tolerated. Everyone has the right to access healthcare or their place of work without the fear of verbal or physical abuse.
“All instances of violent behaviour, including sexual assaults are against the law and should be immediately reported to the police and dealt with by the justice system appropriate.”
The First Minister pointed to the NHS Scotland Charter for Patient Rights and Responsibilities which he said “makes clear to patients that they may face legal action if they are abusive, violent or aggressive towards NHS staff or members of the public.”
Mr Swinney also said the NHS Bullying and Harassment Workforce policy allows for a process to address “unresolved and significant or persistent sexual harassment and misconduct.”
Ms Baker responded: These figures are shocking. Hospital patients are often vulnerable and exposed and they and their families have to be confident that they are safe.
“There are serious questions as to how the NHS responds to these crimes and safeguarding procedures they have to prevent the opportunity for sexual assault and rape.
Ms Baker said the report this morning from the Royal College of Nursing which highlights NHS staff have been forced to treat patients in corridors is “not only a symptom of our overstretched NHS, it also leaves people in very vulnerable situations.”
The RCN report found that Scotland’s NHS has been hit with a “devastating collapse in care standards”, with patients “routinely coming to harm” and unable to access basic services.
The RCN said there was a “corridor care crisis” in hospitals across the UK in its survey of NHS staff which includes testimonies from more than 5,000 nurses in the UK, with 500 of those being from Scotland.
Mr Swinney said “in all circumstances in all aspects of our public services any question of sexual assault or form of misconduct must be addressed by the public authority.”
The First Minister said these bodies have a “statutory and legal obligation” to address these instance of sexual assault or misconduct.
Tory MSP Tess White raised the 7 incidents of sexual assault and 2 rapes at Carseview Psychiatric Unit in Dundee as she called for the First Minister to “stop mixed sex wards”, saying “this is just the tip of the iceberg”.
The First Minister said there is work underway to strengthen the approach to patient care at the unit, however, he would not comment on whether a single-sex ward was being considered.
Mr Swinney said: “The NHS estate has to be managed to carefully ensure that there is appropriate safety in place at all times for individuals and that principle should be applied to the care of patients at Carseview and in any other hospital setting.”