THE #METOO MOVEMENT AND ITS IMPACT ON TORT LAW

AUTHOR – PRIYA, STUDENT AT ASIAN LAW COLLEGE

BEST CITATION – PRIYA, THE #METOO MOVEMENT AND ITS IMPACT ON TORT LAW, ILE LEX SPECULUM (ILE LS), 1 (1) OF 2023, PG. 162-170, APIS – 3920 – 0036 | ISBN – 978-81-964391-3-2.

ABSTRACT

The #MeToo movement, which gained tremendous momentum in the early 21st century, has sparked a profound societal shift in how sexual harassment and assault are perceived, discussed, and addressed. This article examines the far-reaching impact of the #MeToo movement on tort law, specifically focusing on how it has influenced the legal landscape surrounding claims of sexual misconduct and gender-based harm. The article begins by providing an overview of the #MeToo movement and its significance in empowering survivors to come forward and share their experiences. It highlights how the movement has amplified public awareness, igniting a global conversation about the prevalence and consequences of sexual misconduct across various domains of life, including the workplace, academia and the entertainment industry.

Next, the article delves into the transformational effects of the #MeToo movement on traditional tort law principles. It explores how courts have revisited and reinterpreted existing legal doctrines to adapt to the evolving societal norms and changing attitudes towards sexual harassment and assault. The article examines landmark cases that have set new precedents for liability, damages, and statute of limitations in relation to gender-based harm. It investigates the impact of the #MeToo movement on employer liability and corporate responsibility. It discusses the rise of corporate accountability for failing to address workplace harassment adequately, leading to significant legal and financial repercussions for organizations found complicit in perpetuating a hostile work environment.

The article analyzes how the movement has catalyzed legislative changes and legal reforms. It explores the efforts of policymakers and activists to introduce new laws and measures aimed at strengthening protections for survivors and holding perpetrators accountable in civil proceedings. Explores the potential challenges and criticisms that have emerged in response to the #MeToo movement’s influence on tort law. It addresses concerns about due process, false accusations and the potential for reputational damage without adequate evidence, while also emphasizing the importance of striking a balance between the rights of survivors and the principles of fair legal proceedings.

KEYWORDS – Metoo movement, sexual harassment, sexual assault, misconduct, victim, case