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Women Made Whole: How Tort Law Can Change The Lives Of Domestic Violence And Sexual Assault Victims, Sara L. Crewson Mar 2015

Women Made Whole: How Tort Law Can Change The Lives Of Domestic Violence And Sexual Assault Victims, Sara L. Crewson

Sara L Crewson

Tort law and insurance companies are failing to provide female domestic violence victims with adequate access to civil courts, proper legal mechanisms with which to gain that access, and are far behind the times when compared to other gender-linked crimes like those of rape and sexual assault. The Restatement of Torts (Third) has classified domestic violence as an intentional tort, and most insurance policies will not provide coverage for harms that were committed intentionally. Certain homeowners' insurance policies won't provide coverage if a spouse tries to sue another spouse for harms committed, leaving vulnerable wives unable to seek compensation for …


Women Made Whole: How Tort Law Can Change The Lives Of Domestic Violence And Sexual Assault Victims, Sara L. Crewson Dec 2014

Women Made Whole: How Tort Law Can Change The Lives Of Domestic Violence And Sexual Assault Victims, Sara L. Crewson

Sara L Crewson

Domestic violence victims do not have the same level of access to the civil justice system that victims of sexual assault do, yet both are gender-linked crimes. A combination of legal, legislative, and social forces have come together to effectively bar recovery for victims of domestic violence, but when examining how these forces serve to help, rather than hinder, sexual violence victims, it is possible to come up with solutions that can tear these barriers down and ensure all victims of violence are equal in the eyes of the justice system. What we know is that domestic violence tort claims …