Concerned the application of the doctrine of parental tort immunity in the case of incest.
Full Case Title:
Barnes v. Barnes, 603 N.E.2d 1337 (Ind. 1992)
- Violence Against Women and Girls
- Child Abuse
- Parental Rights
Legal Momentun's Role:
Contributed Amicus Brief
- Authored Amicus Brief
Summary of the Case
A child victim of incest sought transfer of her case after an Indiana Court of Appeals applied an absolute rule of parental tort immunity to reverse the trial court, and ordered the dismissal of the child's action against her father, alleging rape and assault.
The Indiana Supreme Court ruled that the doctrine of parental tort immunity did not apply in this case, granted transfer, reversed the appellate court, and remanded for a new trial.