Rape is Trespass
Professor Anita Bernstein, of Brooklyn Law School, presented a working draft of her work Rape is Trespass. This work, “hewing to the tradition that the law of trespass provides redress for direct, unmediated, and wrongful boundary-crossing, argues that sexual penetration unwanted by the person penetrated is trespass. If rape is trespass, then consequences follow far the law of torts as well as crimes.”
From Brooklyn Law School, “Professor Bernstein is a nationally recognized authority on tort law and feminist jurisprudence, as well as professional responsibility and products liability. Her awards include the first Fulbright scholarship in European Union affairs given to a law professor. She is a member of the American Law Institute and a past chair of the Association of American Law Schools Executive Committee on Torts and Compensation Systems."
FIU Law, FIU Law Faculty Workshop Series, Anita Bernstein, rape, trespass, common law, self-defense, possession, property, Restatement (Third) of Torts: Intentional Torts to Persons
Common Law | Law | Torts
Bernstein, Anita, "Rape is Trespass" (2017). Faculty Workshops.