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/lp/de-gruyter/rape-is-trespass-AnTMKcoAo0
- Publisher
- de Gruyter
- Copyright
- © 2017 Walter de Gruyter GmbH, Berlin/Boston
- ISSN
- 1932-9148
- eISSN
- 1932-9148
- DOI
- 10.1515/jtl-2017-0017
- Publisher site
- See Article on Publisher Site
Abstract
AbstractBy furnishing new blackletter on battery, assault, and false imprisonment, Restatement (Third) of Torts: Intentional Torts to Persons provides illustrations of what the medieval writ of Trespass once remedied. All three causes of action restated in this Restatement derive from the trespass writ, as do other modern doctrines that fall under intentional torts to persons. This article, hewing to the tradition that the law of trespass provides redress for direct, unmediated, and wrongful boundary-crossing, argues that sexual penetration unwanted by the person penetrated is trespass. If rape is trespass, then consequences follow for the law of torts as well as crimes.
Journal
Journal of Tort Law – de Gruyter
Published: Sep 25, 2018