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Given an unpredictable criminal legal system and a fraying social safety net, sexual violence victims increasingly turn to civil lawsuits to find justice. They sue offenders and responsible organizations directly, seeking recognition, resources, and reform. But at what cost? Benjamin R. Weiss uses in-depth interviews and legal case analysis to reveal how the civil legal system's reliance on financial compensation to remedy sexual harm limits who can seek civil justice and on what terms. He shows that instead of delivering justice, the process often deepens inequalities and compounds suffering, especially for those most in need. In The Price of Justice, Weiss offers victims, advocates, and academics alike an astute assessment of the law's promise to rectify harm and redistribute power—and inspires readers to imagine what it would take to meet all victims' needs and drive lasting social change.
“Deeply valuable, conceptually sophisticated, and empirically grounded, The Price of Justice transforms our understanding of civil law remedies for sexual violence survivors, unraveling powerful regulatory gatekeeping in a profoundly unequal, financially driven system. Calling out the moral stakes of uneven access and representation that effectively exclude the majority of survivors, Benjamin Weiss’s work will be foundational for decades to come.”—Heather R. Hlavka, coauthor of Bodies in Evidence: Race, Gender, and Science in Sexual Assault Adjudication
“Weiss convincingly documents the powerful ways the civil legal system’s financial logic—privileging money as the appropriate remedy for harm—impedes the ability of victims of sexual violence to mobilize tort law when criminal justice is unattainable. Offering more than just a ‘hollow hope,’ Weiss shows how the financial logic denies victims agency and forecloses possibilities for structural change.”—Sandra R. Levitsky, author of Caring for Our Own: Why There Is No Political Demand for New American Social Welfare Rights
“In fine detail, Weiss shows how suing for sexual assault is a treacherous business. Extensive interviews with lawyers and experts reveal how recovery is winnowed down to a small slice of underage victims who are willing to file police reports and seek medical care. This book presents an insightful critique of the financial logic of the civil justice system, which fails victims and lets perpetrators and organizations off the hook. A truly valuable study for anyone who wants to fix the system or advocate for more comprehensive solutions.”—Martha Chamallas, coauthor of The Measure of Injury: Race, Gender, and Tort Law
“The Price of Justice is a powerful indictment of how our civil legal system fails victims of violence, with lawyers placing a price tag on what types of claims (and people) are rendered worthy of remedy. This book is required reading for those concerned with how processes can punish and extend victimization far beyond the original offense.”—Nicole Gonzalez Van Cleve, author of Crook County: Racism and Injustice in America’s Largest Criminal Court