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Rights of Rape Victims Are Enhanced: Using the Law of Premise Liability for Compensation

NCJ Number
159166
Journal
Journal of Police and Criminal Psychology Volume: 10 Issue: 3 Dated: (1995) Pages: 35-40
Author(s)
J B Halsted
Date Published
1995
Length
6 pages
Annotation
This case study demonstrates how rape victims can seek monetary damages under the law of premise liability.
Abstract
The Crime Victims Compensation Fund (CVCF) can provide victims with both personal compensation and property compensation. However, the $10,000 limit on monetary compensation is below the actual expenses and value of injuries to the victim. Premise liability law allows victims to pursue compensation from landlords who have a duty to provide adequate security to their tenants. To win a case under this law, victims must prove that the rape was factually preventable and legally foreseeable. The author proposes the creation of the Rape Victims' Rights and Opportunities Program, which would institutionally promote the rape victim's right to adequate compensation for her injuries. 8 notes and 5 references

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