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Compensation as a means to justice? : Sexual violence survivors’ views on the tort law option in Iceland

Antonsdottir, Hildur Fjola LU (2020) In Feminist Legal Studies 28. p.227-300
Abstract
Limited attention has been paid to the potential of tort law to address the harm of sexual violence. Based on interviews with 35 victim-survivors of sexual violence in Iceland, this study asks: How do victim-survivors understand monetary compensation? How can tort law meet victim-survivors’ justice interests? The findings suggest that in addition to the financial risk involved, most participants had ambivalent views towards pursuing and receiving monetary compensation. Many thought that, given their often extensive pecuniary and non-pecuniary losses, it was only fair to receive compensation; but at the same time, they did not want to accept ‘dirty money’ they considered that pursuing monetary compensation could undermine their credibility,... (More)
Limited attention has been paid to the potential of tort law to address the harm of sexual violence. Based on interviews with 35 victim-survivors of sexual violence in Iceland, this study asks: How do victim-survivors understand monetary compensation? How can tort law meet victim-survivors’ justice interests? The findings suggest that in addition to the financial risk involved, most participants had ambivalent views towards pursuing and receiving monetary compensation. Many thought that, given their often extensive pecuniary and non-pecuniary losses, it was only fair to receive compensation; but at the same time, they did not want to accept ‘dirty money’ they considered that pursuing monetary compensation could undermine their credibility, and monetary compensation only partially aligned with their ideas about justice. The findings are interpreted in the context of tort law theory, taboo trade-offs and survivor-centred justice. It is suggested that state intervention is needed to better meet victim-survivors’ justice interests. (Less)
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author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
Compensation, Taboo trade-offs, Sexual violence, Justice
in
Feminist Legal Studies
volume
28
pages
227 - 300
publisher
Springer
external identifiers
  • scopus:85096072802
ISSN
0966-3622
DOI
10.1007/s10691-020-09442-2
language
English
LU publication?
yes
id
a0285218-9c49-41fe-9acc-d00bc9c61b3e
date added to LUP
2020-11-30 16:37:39
date last changed
2021-03-02 04:13:21
@article{a0285218-9c49-41fe-9acc-d00bc9c61b3e,
  abstract     = {Limited attention has been paid to the potential of tort law to address the harm of sexual violence. Based on interviews with 35 victim-survivors of sexual violence in Iceland, this study asks: How do victim-survivors understand monetary compensation? How can tort law meet victim-survivors’ justice interests? The findings suggest that in addition to the financial risk involved, most participants had ambivalent views towards pursuing and receiving monetary compensation. Many thought that, given their often extensive pecuniary and non-pecuniary losses, it was only fair to receive compensation; but at the same time, they did not want to accept ‘dirty money’ they considered that pursuing monetary compensation could undermine their credibility, and monetary compensation only partially aligned with their ideas about justice. The findings are interpreted in the context of tort law theory, taboo trade-offs and survivor-centred justice. It is suggested that state intervention is needed to better meet victim-survivors’ justice interests.},
  author       = {Antonsdottir, Hildur Fjola},
  issn         = {0966-3622},
  language     = {eng},
  month        = {11},
  pages        = {227--300},
  publisher    = {Springer},
  series       = {Feminist Legal Studies},
  title        = {Compensation as a means to justice? : Sexual violence survivors’ views on the tort law option in Iceland},
  url          = {http://dx.doi.org/10.1007/s10691-020-09442-2},
  doi          = {10.1007/s10691-020-09442-2},
  volume       = {28},
  year         = {2020},
}