Can a Victim File a Lawsuit Without Naming Their Abuser Publicly?

Sexual abuse cases can be challenging to handle for a number of reasons. Not only are these cases highly emotionally charged, but victims often prefer a certain degree of privacy. Sometimes, victims do not even want to name the defendants publicly.

It may be possible for a victim to sue for sexual abuse without publicly naming the abuser, but only under very limited circumstances. While courts are more often willing to protect victims’ identities, defendants can remain private if doing so somehow protects the victim or other victims. For example, if publicly naming the defendant would expose the plaintiff’s identity, the court may agree to keep the matter private. This is more likely if the victim is a minor.

For a free, confidential case assessment, call our sexual abuse lawyers at The Law Office of Andrew Shubin at (814) 826-3586.

Can You Keep the Name of a Defendant Private in a Civil Lawsuit for Sexual Abuse?

If you want to file a civil lawsuit for sexual abuse, it may be difficult to keep certain details of the case private. Court cases are generally part of public records, and the names of those involved may be publicly available. However, under very special circumstances, certain aspects of the case, including the names of the parties, may be kept private.

The Plaintiff is a Minor

A common reason that sexual abuse lawsuits are kept private is that the plaintiff is a minor. While these court records may still be publicly available, the minor plaintiff’s name may be changed to protect their anonymity. Commonly, instead of the plaintiff’s name appearing on the case, the court will only use their initials.

Typically, a plaintiff cannot protect the defendant’s identity without a very good reason. Perhaps the most likely reason that a defendant’s identity would be kept private is if revealing it would also expose the plaintiff. This may be more likely in cases where the defendant is related to the victim, making it easier to identify one if you can identify the other.

Protecting Other Victims

Sexual abusers often victimize more than one person. You might file a lawsuit only to learn that you are not the first or last victim, and there are others out there. Some victims might want to remain private. They might not even want to be a part of your case in any way. In such cases, the court may agree to keep the defendant’s identity private to protect other victims.

Who is Allowed to Know the Names of the Defendant and Plaintiff?

When the identities of one or more parties are kept private, the public may not know their names, but those directly involved in the case may.

For example, if we can keep your name and the defendant’s name private, the judge, attorneys, defendant, and you will still know the private details of the case. As such, the court may order both parties not to disclose information that would expose either party’s identity.

Even if the court does not disclose the names, defendants may be able to deduce your identity from the facts.

What Should You Do if You Must Publicly Disclose the Defendant’s Name in a Sexual Abuse Lawsuit?

If we cannot convince the court to keep the defendant’s name private, there may still be steps we can take to protect your privacy throughout the case.

Petition to Seal the Court Records

One way we can keep the case private, including the defendant’s name, is to file a motion to seal the court’s records. When records are sealed, they are not made publicly available, and almost nobody can request to see them.

A motion to seal must be narrowly tailored, and only specific sensitive information or documents may be sealed. It may be difficult to have all court records pertaining to a case sealed.

When our sexual abuse lawyers file a motion to seal court records may vary. It is possible to file the motion at the same time as the sensitive documents we wish to seal away. We might instead file a motion to seal immediately after certain documents are filed or after the case is completed.

Anonymous Filings

It is also possible to protect your own identity by filing under a pseudonym like John Doe or Jane Doe. The identities of minors are almost always kept private, and filings are often filed under their initials.

If you want to file the case anonymously, we must explain your reasons to the court. In short, we must show that you have good reasons for wanting privacy. For example, the court may permit you to file anonymously if you have good reason to believe that you will face retaliation for filing the case.

High Profile Cases

High-profile cases are more likely to be reported on in the media, which can seriously interfere with the plaintiff’s privacy needs. Even if we cannot convince the court to keep your name or the defendant’s identity private, we can communicate with the media and request that they keep certain details private.

This is often not a problem if a case is not very high profile. However, if a case garners significant public attention, we may have difficulty keeping the defendant’s name private.

Again, if there is a good reason to keep the defendant’s identity private, we can ask the court to keep certain information confidential rather than hoping the media does not report on it.

FAQs About Privacy in Sexual Abuse Lawsuits

Can You Keep the Defendant’s Name Private in a Civil Lawsuit for Sexual Abuse?

Possibly. While courts are usually willing to protect a victim’s identity, you usually cannot file without naming the defendant and giving them an opportunity to defend themselves in court. However, in private settlement negotiations, you can sign a private settlement or a nondisclosure agreement (NDA) that would keep the defendant’s name private.

Often NDAs are anti-victim, and we would not recommend them.

Can You Keep Your Own Name Private in a Sexual Abuse Civil Lawsuit?

Often, yes. If a plaintiff in a sexual abuse lawsuit is a minor, the court will almost always keep their identity private. Minors are usually referred to by their initials in all court filings and records. If you are not a minor, you may be able to file the case anonymously using a pseudonym like John Doe or Jane Doe.

What Should You Do if I Have to Publicly Disclose the Defendant’s Name in a Sexual Abuse Case?

If we cannot keep the defendant’s name private, we may be able to communicate with media outlets and ask them to keep certain information about the case private. Often, the media is willing to cooperate, especially if doing so helps protect victims.

Will the Media Report a Defendant’s Identity in a Civil Sexual Abuse Lawsuit?

The media may report on almost anything it sees fit. However, if a particular case is not high-profile enough to report, we might not have to worry about it. Whether a case is reported in the news often depends on the nature of the case and what other news stories are being reported at that time.

Can You Ask the Court to Keep the Records About a Sexual Abuse Lawsuit Private?

Yes. You can ask the court to seal the records, but we must provide the court with good reasons for our request. The court will not seal the case just because we asked. Also, the court may want to seal only what is absolutely necessary, and our motion must be as narrowly tailored as possible.

Contact Our Sexual Abuse Lawyers for Help Right Away if You Have Been Abused

For a free, confidential case assessment, call our sexual abuse lawyers at The Law Office of Andrew Shubin at (814) 826-3586.