Researcher ORCID Identifier
https://orcid.org/0000-0003-2037-1979
Graduation Year
2022
Document Type
Open Access Senior Thesis
Degree Name
Bachelor of Arts
Department
Legal Studies
Reader 1
Jennifer Groscup
Reader 2
Paul Hurley
Terms of Use & License Information
Rights Information
© 2022 Nathalie E. Marx
Abstract
Drawing from philosophical, feminist, and legal frameworks, this thesis aims to reconceptualize our understanding of sexual violations. I suggest that rape and other sexual violations produce injuries unique from other forms of physical violence that must be addressed as an extension of a culture which objectifies, restricts the agency of, and shames women. It is argued that through the ability for survivors to bring a civil claim of negligence against their perpetrators following a sexual injury, pathways for restorative healing and cultural transformation are opened, and a more responsive legal standard for fault is created. This paper responds to theories of how gendered power imbalances are produced and sustained, and reasons that public standards of responsibility must be created as a response to these inequalities being reproduced in private, unprotected spaces as sexual violations.
Recommended Citation
Marx, Nathalie, "What We Are Owed: The Possibilities of a Civil Law Response to Sexual Injuries" (2022). Scripps Senior Theses. 2199.
https://scholarship.claremont.edu/scripps_theses/2199
Included in
Civil Law Commons, Law and Gender Commons, Law and Philosophy Commons, Law and Society Commons, Legal Remedies Commons, Sexuality and the Law Commons
