Claims in Tort for Rape: A Valuable Remedy or Damaging Strategy?

Godden, Nikki

doi:10.5235/096157611796769532

Cited by 6 publications

(2 citation statements)

References 6 publications

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“…A number of scholars have also pointed out that an alternative to the criminal justice system might be found in using tort claims to address the material harms suffered by victim-survivors and to achieve a sense of justice (e.g. Godden, 2011, 2013; Seidman and Vickers, 2005; Swan, 2013). Yet others favour a victim-centred approach to restorative justice to meet some of the justice needs and interests of victim-survivors (e.g.…”

Section: Justice Methods and Mechanismsmentioning

confidence: 99%

Injustice Disrupted: Experiences of Just Spaces by Victim-Survivors of Sexual Violence

Antonsdóttir

2019

Social & Legal Studies

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Given the limitations of the criminal justice system to address cases of sexual violence, feminist scholars are increasingly exploring alternative approaches to justice. Here I ask: What is the role of space in the way victim-survivors of sexual violence can experience justice outside the criminal justice system? Can an understanding of space help us develop justice responses to sexual violence? Interviews were conducted with 35 victim-survivors of sexual violence in Iceland. In cases where offenders remained or re-entered their life space in some way, many participants described feelings of profound fear and anxiety. Participants used a variety of different socio-spatial strategies to ensure that they would not find themselves in the same space as the offenders. Based on the context as well as the networks and mechanisms available to them, these included surrendering, avoiding, negotiating, fighting for, protecting and (re)claiming spaces. Drawing on the concept of the continuum of sexual violence, I suggest that participants’ experiences can be conceptualized on a continuum of injustice. To the degree that participants were able to create what I call just spaces, they gained a sense of belonging, empowerment and freedom, which I suggest can be understood as disrupting this continuum of injustice.

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Section: Justice Methods and Mechanismsmentioning

confidence: 99%

Injustice Disrupted: Experiences of Just Spaces by Victim-Survivors of Sexual Violence

Antonsdóttir

2019

Social & Legal Studies

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“…As noted above, added momentum has been given to this exploration of 'other' pathways by social movements, including #MeToo, which have encouraged survivors to call out sexual misconduct in a variety of ways and to push for greater accountability of perpetrators within a range of fora. In recent years, survivors of rape and sexual assault have increasingly explored and secured civil remedies, 73 including financial compensation; 74 engaged with restorative 75 and other transformative justice processes; 76 and initiated complaints under workplace codes of conduct and employment laws. 77 For those students now turning to universities to report and seek redress for experiences of SSVM, it is clear that although this may be driven in part by a reluctance to engage with an evidently failing criminal justice system, it may be motivated more positively too by a desire to satisfy a broader range of justice interests than can be accommodated within those adversarial and carceral criminal processes.…”

Section: Students' Justice Interests and The Potential Of Universitiesmentioning

confidence: 99%

Seeking campus justice: challenging the ‘criminal justice drift’ in United Kingdom university responses to student sexual violence and misconduct

Cowan

Munro

2021

Journal of Law and Society

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In recent years, growing concerns have been expressed – including in the press and social media – over the apparently inadequate responses of many United Kingdom (UK) universities to complaints of student sexual violence and misconduct (SSVM). In this article, we underscore universities’ legal, ethical, and civic responsibilities to students, which require them to implement effective regimes for the prevention and sanctioning of such behaviour. We suggest, however, that current responses are moving in the wrong direction. More specifically, universities are too often turning (back) towards adversarial and procedural paradigms, developed within the criminal justice system, where the persistence of a ‘justice gap’ in cases of rape and sexual assault has been well documented. We argue that this ‘criminal justice drift’ may frustrate the possibility for more tailored, transformative, and trauma‐informed processes for addressing SSVM within higher education institutions.

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Tsachi Keren-Paz: Sex Trafficking: A Private Law Response

Godden

2013

Fem Leg Stud

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Claims in Tort for Rape: A Valuable Remedy or Damaging Strategy?

Cited by 6 publications

References 6 publications

Injustice Disrupted: Experiences of Just Spaces by Victim-Survivors of Sexual Violence

Injustice Disrupted: Experiences of Just Spaces by Victim-Survivors of Sexual Violence

Seeking campus justice: challenging the ‘criminal justice drift’ in United Kingdom university responses to student sexual violence and misconduct

Tsachi Keren-Paz: Sex Trafficking: A Private Law Response

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