Book contents
- feminist judgments: rewritten tort opinions
- Feminist Judgments Series Editors
- Feminist Judgments: Rewritten Tort Opinions
- Copyright page
- Contents
- Notes on Contributors
- Preface
- Table of Cases
- Part I Introduction
- Part II The Classics
- Part III Intentional Torts
- Part IV Negligence and Vicarious Liability
- Part V Damages
- 16 Commentary on G.M.M. v. Kimpson
- 17 Commentary on Simpkins v. Grace Brethren Church of Delaware, Ohio
- Index
17 - Commentary on Simpkins v. Grace Brethren Church of Delaware, Ohio
from Part V - Damages
Published online by Cambridge University Press: 28 November 2020
- feminist judgments: rewritten tort opinions
- Feminist Judgments Series Editors
- Feminist Judgments: Rewritten Tort Opinions
- Copyright page
- Contents
- Notes on Contributors
- Preface
- Table of Cases
- Part I Introduction
- Part II The Classics
- Part III Intentional Torts
- Part IV Negligence and Vicarious Liability
- Part V Damages
- 16 Commentary on G.M.M. v. Kimpson
- 17 Commentary on Simpkins v. Grace Brethren Church of Delaware, Ohio
- Index
Summary
Simpkins v. Grace Brethren Church of Delaware, Ohio involved a state constitutional challenge to Ohio’s law limiting damages for emotional harm, brought by a teenager who was raped by her pastor. The Ohio Supreme Court rejected her argument that the law as applied to minor sexual assault victims violated equal protection and the right to jury trial. The rewritten feminist opinion uses feminist scholarship demonstrating the disparate impact of damage caps on sexual assault victims to conclude that the law deprives minor sexual assault victims of such a substantial portion of their damages compared to other injury victims that it does violate equal protection and the right to jury trial. The accompanying commentary surveys tort reform damage cap laws and notes how feminist scholarship and the growing awareness of the institutional cover-up of sexual abuse can influence legislatures and courts to ameliorate the effect of these laws.
Keywords
- Type
- Chapter
- Information
- Feminist Judgments: Rewritten Tort Opinions , pp. 390 - 414Publisher: Cambridge University PressPrint publication year: 2020