Vicarious Liability for Systemic Risks of Sexual Violence in the United States: Not a Modest Proposal

99 U. Detroit Mercy L. Rev. 233 (2022)

38 Pages Posted: 20 Jun 2022

See all articles by Jennifer A. Brobst

Jennifer A. Brobst

University of Memphis - Cecil C. Humphreys School of Law

Date Written: June 16, 2022

Abstract

The author considers the intractability of legal remedies to the public health crisis of sexual violence in the United States, including the criminal justice system and federal anti-discrimination laws. She proposes, instead, as a systemic solution to a systemic problem, continued support for common law agency and tort theories of vicarious liability for businesses, municipalities, and the many leaders who create the spaces where sexual violence persists. Analysis includes a focus on the heightened duty of protection placed on common carriers, such as taxis and trains, and recent litigation in several states challenging the economically-motivated statutory exemptions for rideshare companies, despite the risk of sexual violence inherent in this mode of transportation.

Keywords: rape, torts, sexual harassment, anti-discrimination, rideshare, vicarious liability, respondeat superior, common carrier, #MeToo

JEL Classification: K13, K32, Z13

Suggested Citation

Brobst, Jennifer A., Vicarious Liability for Systemic Risks of Sexual Violence in the United States: Not a Modest Proposal (June 16, 2022). 99 U. Detroit Mercy L. Rev. 233 (2022), Available at SSRN: https://ssrn.com/abstract=4137838

Jennifer A. Brobst (Contact Author)

University of Memphis - Cecil C. Humphreys School of Law ( email )

One North Front Street
Memphis, TN 38103-2189
United States

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