While the concept of compensating the 'injured party' for rape is centuries old, the notion of the rape victim as the party entitled to such compensation is a more modern development. In the last century, rape victims have sought redress not only from their assailants but from third parties who may have had a duty to protect them from such attacks. To date, there are not many cases where a postsecondary institution has been sued because of the sexual assault of one of its students. Those cases which have been brought have met with mixed success in the courts. While many States have abrogated the doctrines of sovereign and charitable immunity in whole or in part, the remains of such doctrines often present an insurmountable hurdle for plaintiffs. Additionally, plaintiff's burden of proof in negligence suits is a weighty one. Still, it is unlikely that such suits will cease to be brought or be forever foreclosed by a motion to dismiss. Grants of immunity are not reflective of modern trends. Further, 'duty,' a concept so important in the establishment of a negligence action, is a dynamic concept which fluctuates to balance the philosophy and practicalities of a society. Given current attention to the sexual exploitation, abuse, and harassment of women, the litigious nature of American society, and the potentially large damages involved in a sexual assault suit, it is likely that civil actions against postsecondary institutions for sexual assaults that occur on institutional property are just beginning. A total of 116 footnotes are provided. (Author summary modified)