Discriminatory Damage Quantification in Civil Actions for Sexual Battery

Abstract

It is not possible to ascertain from the decided cases involving civil rights violations that any fixed standard for measurement of damages has been evolved, and the criteria applied in other tort actions have simply not been used. It is unfortunate, but perhaps true, that when judges and juries who are not members of minority groups attempt to call upon their own experiences to measure and fix the amount of damages in civil rights cases, not having had a comparable experience, they operate in a vacuum.

Keywords: cases, civil rights, violations, damages, measurement, evolved, tort, actions, experiences, judges, jury