Victor E. Schwartz Lecture
Victor E. Schwartz Lecture in Tort Law featuring Jonathan Cardi, Professor of Law, Wake Forest University. (1 hr. CLE credit pending in OH/KY.)
A Negligence Claim for Rape
In a recent article co-authored with Prof. Martha Chamallas of OSU, Professor Cardi both praised and critiqued the recent addition to the Restatement (Third) of Torts of a new section specifically addressing sexual torts. Although the new Restatement provision is intended to make it easier for victims of sexual misconduct to recover damages, the authors argued that placing sexual wrongs under the general rubric of intentional torts is likely to reduce the impact of the new tort. They propose a different analytical framework that would permit recovery by analogy to negligence rather than to intentional tort claims.