Tort Suits Filed by Rape and Sexual Assault Victims in Civil Courts: Lessons for Courts, Classrooms and Constituencies

69 Pages Posted: 14 Feb 2006 Last revised: 6 Jul 2023

See all articles by Ellen Bublick

Ellen Bublick

Arizona State University (ASU) - Sandra Day O'Connor College of Law; Arizona State University (ASU); University of Arizona - James E. Rogers College of Law

Date Written: February 1, 2006

Abstract

This article examines the hundreds of recent appellate court decisions in tort cases filed by rape and sexual assault victims. Looking at the cases themselves, the article documents and discusses the growth and change in the cases over the last thirty years even absent a formal change in the definition of the applicable torts. The article then explores the question - should tort actions by victims be seen as a direct alternative to an inadequate criminal process? The analysis reveals potential advantages for victims inherent in tort litigation, as well as problems for victims in this disjointed and developing area of law. Finally, the article examines cases filed against third-party defendants like business owners and employers and identifies important and contested issues that are ripe for examination by courts, legislatures and scholars.

Keywords: rape, sexual assault, tort

Suggested Citation

Bublick, Ellen, Tort Suits Filed by Rape and Sexual Assault Victims in Civil Courts: Lessons for Courts, Classrooms and Constituencies (February 1, 2006). Arizona Legal Studies Discussion Paper No. 06-16, 59 SMU L. Rev. 55 (2006), Available at SSRN: https://ssrn.com/abstract=883671 or http://dx.doi.org/10.2139/ssrn.883671

Ellen Bublick (Contact Author)

Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )

Box 877906
Tempe, AZ 85287-7906
United States

Arizona State University (ASU) ( email )

Farmer Building 440G PO Box 872011
Tempe, AZ 85287
United States

University of Arizona - James E. Rogers College of Law ( email )

P.O. Box 210176
Tucson, AZ 85721-0176
United States
5206215600 (Phone)

HOME PAGE: http://https://law.arizona.edu/person/ellen-m-bublick

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