Abstract:
By 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.
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Anita Bernstein, Rape is Trespass, Journal of Tort Law. Published Online: 2017-09-21. DOI: https://doi.org/10.1515/jtl-2017-0017.
First posted 2017-09-23 06:55:36
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