Concerned the right of an abuse victim to tort remedies under the civil rights remedy provision of VAWA.
Full Case Title:
C.R.K. v. Martin, No. 96-1431-MLB, 1998 U.S.. Dist. LEXIS 22305 (D. Kan. July 10, 1998)
- Fairness in the Courts
- Violence Against Women and Girls
Year:
1998
- VAWA Civil Rights Remedy
Legal Momentun's Role:
Contributed Amicus Brief
- Authored Amicus Brief
Brief:
This was a suit brought by a fourteen-year-old woman who had been sexually and emotionally abused by a sixteen-year-old man. The plaintiff brought claims under the Violence Against Women ("VAWA") civil rights remedy, as well as state law tort theories. The defendant moved to dismiss the suit, challenging the constitutionality of VAWA's civil rights remedy. In January 1997, Legal Momentum filed an amicus brief in support of the young woman's VAWA claims. In July 1998, the court upheld the constitutionality of the VAWA claim. The case was overruled, in relevant part, by the Supreme Court in United States v. Morrison.
