Tort Law and Sexual Violence 1 Flashcards
(16 cards)
How is rape defined in the Sexual Offences Act 2003?
In Section 1 = intentional penetration of the vagina, anus or mouth by penis - no consent or no reasonable belief of consent
What is image based sexual abuse?
The non-consensual taking, creation, or share of private sexual images
What are some examples of Image Based Sexual Abuse?
Revenge porn, Deep fakes, videos of sexual assaults/rape.
What is tort law for in these matters?
Justice for victim-survivors by recognising the harm suffered and offering compensation
What are the civil law options?
Trespass to the person = assault, battery and false imprisonment
Misuse of Private Info
Defamation
How can rape be understood as assault in Collins v Wilcock [1984]?
As an act causing someone to expect immediate unlawful force on themselves
How can rape be understood as battery in Collins v Wilcock [1984]
As the actual infliction of unlawful force on another person
How can rape be understood as false imprisonment under Collins v Wilcock [1984]
unlawfully blocking someone’s freedom of movement from another place
How can Image Based Sexual Assault be understood as harrasment?
Protection from Harrassment Act s1 = pursuing conduct amounting to harassment of another - either knows or ought to know - s7 = on at least two occasions
What other torts can Image Based Sexual Assault be understood as?
Misuse of Private Info + Defamation
What is the issue with civil law options in this area?
Lack of awareness of these avenues to justice
Why are civil law options so important?
1 in 3 women have experienced sexual assault + criminal law is not working - serious decline in prosecutions.
How does the Miss M case illustrate how tort law fill the gap created by criminal law?
Civil process allowed her to understand what happened for parts of that evening - provided her w/ opportunity to have proper help
Should there be a bespoke tort for Image Based Sexual Assault?
McGlynn + Rackley = a broad definition of IBSA necessary + a focus on a lack of consent and the defendant’s actions + and the ability to bring appropriate defences
What advantages does Nikki Godden identify with bringing a tort law claim in the context of sexual violence?
Lower standard of proof - on the balance of probabilities vs beyond reasonable doubt
Recognition and validation
Compensation for harms caused by rape e.g. psychological trauma
What disadvantages does Nikki Godden identify with bringing tort law claims in the context of sexual violence?
Financial inaccessibility - tort lottery
Lengthy and stressful process - a large emotional and psychological burden
Lack of precedent - few high-profile cases causing a lack of awareness.
