Brian Kabateck, left, and Annie Martin-McDonough, right, with Kabateck LLP. Courtesy photos Should the Tort of Seduction Be Resuscitated in California?
Advocates argue that reinstating the tort of seduction will open new avenues for victims of sexual exploitation to sue their perpetrators in California, according to Brian Kabateck and Annie Martin-McDonough of Kabateck.
January 31, 2023 at 07:08 PM
8 minute read
In Practice
California Civil Code § 43.5 bars any cause of action for "seduction of a person over the age of legal consent." (§ 43.5(c)). In modern practice, § 43.5 broadly prohibits civil actions by adult victims of sexual exploitation who are coerced into sex through nonphysical means. "Seduction," used in this and similar statutes nationwide, historically meant persuading unmarried, sexually abstinent women to engage in sexual activity using influence, trickery, misrepresentation, or the like. (Richelle L. v. Roman Cath. Archbishop, 106 Cal. App. 4th 257, 267).
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