Protecting the Dignity and Autonomy of Women: Rethinking the Place of Constructive Consent in the Tort of Sexual Battery

University of British Columbia Law Review, Vol. 39, No. 3, 2006

60 Pages Posted: 22 Sep 2011 Last revised: 10 Nov 2011

Date Written: 2006

Abstract

Sexual wrongdoing is a fundamental violation of a person's personal autonomy, bodily integrity, and security. Victims, often already vulnerable, are further denied the right to self-determination, sexual autonomy, and human dignity.' As a result, victims of sexual abuse are increasingly seeking redress through the civil justice system either as a complement to or in substitution of criminal prosecution. A tort claim may provide personal and meaningful remedies for victimization, although there is room for improvement. Survivors have not always found justice in torts although tort liability is generally based on a standard of proof lower than that applied in criminal law, liability for sexual wrongdoing tends to require a higher threshold. However, unlike other tort cases, findings of liability for sexual wrongdoing often carry a stigma and are viewed as a reflection of depravity-hence the higher threshold.

Keywords: Torts, Sexual battery, Consent, Scalera

Suggested Citation

Adjin-Tettey, Elizabeth, Protecting the Dignity and Autonomy of Women: Rethinking the Place of Constructive Consent in the Tort of Sexual Battery (2006). University of British Columbia Law Review, Vol. 39, No. 3, 2006, Available at SSRN: https://ssrn.com/abstract=1932268

Elizabeth Adjin-Tettey (Contact Author)

University of Victoria - Faculty of Law ( email )

P.O. Box 1700, STN CSC
Victoria, B.C. V8W 2Y2
Canada
250.721.8182 (Phone)
250.721.8146 (Fax)

HOME PAGE: http://law.uvic.ca/faculty_staff/faculty_directory/adjintettey.php

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
234
Abstract Views
1,009
rank
153,015
PlumX Metrics