Is Confidentiality Required for a Sexual Abuse Settlement?

The terms of sexual abuse lawsuits are often kept private. Even if the details are kept private, they are not necessarily confidential and can be discussed publicly.

Confidentiality is not an inherent prerequisite for a sexual abuse settlement. However, defendants often offer settlements on the condition that victims also sign non-disclosure agreements so that they do not discuss the details of the settlement publicly. For some victims, signing a non-disclosure agreement (NDA) is completely off the table, while for others, the privacy it provides is somewhat welcomed. We can help you decide whether signing an NDA is right for you. If you do, we can make sure you know exactly what it prohibits and what an NDA may or may not prohibit in a sexual abuse settlement.

For the free case review you need, call our attorneys for sexual abuse victims at The Law Office of Andrew Shubin at (814) 826-3586.

Is Confidentiality Always Required for a Sexual Abuse Settlement?

Many victims file sexual abuse lawsuits hoping that their claims will settle so that they do not have to endure the re-traumatization that is often associated with a trial. Settlements are far more private than trials in open court, but that doesn’t mean they are always confidential.

Out-of-court settlements are not inherently confidential. Settlements may be private, but victims are not automatically prevented from discussing the details publicly unless the settlement agreement they sign requires confidentiality, which some states do not allow at all, most often for childhood sexual abuse.

When is Confidentiality Required for a Sexual Abuse Settlement?

For defendants in sexual abuse lawsuits, settling a case out of court is the best way to keep the details of a case private. In exchange for a fast or sizable settlement, defendants might require plaintiffs to sign non-disclosure agreements. It is your choice whether or not to sign an NDA, but our attorneys for sexual abuse victims can help you decide if it is presented to you.

If you signed a non-disclosure agreement along with your settlement, you must keep the specific confidential information mentioned in the non-disclosure agreement confidential and may not discuss it publicly.

This is a common coercive tactic from defendants to pressure victims into settling and silencing them indefinitely. Don’t assume confidentiality is required and that non-disclosure agreements have to be part of every sexual abuse settlement, because they do not.

Is it Ever Okay to Sign a Non-Disclosure Agreement for a Sexual Abuse Settlement?

Signing a non-disclosure agreement before receiving a sexual abuse settlement is not uncommon in civil litigation, but it is something victims should consider very carefully before doing so.

If you are comfortable with the terms of a non-disclosure agreement and want to keep the details of your case and abuse as private as possible, you might agree to sign an NDA in exchange for a faster or larger settlement.

Signing a non-disclosure agreement often means quicker access to compensation because defendants are eager to resolve cases away from the public eye, but that should not be the primary reason you sign an NDA.

When Should You Not Sign a Non-Disclosure Agreement for a Sexual Abuse Settlement?

Non-disclosure agreements for sexual abuse settlements can be very restrictive, and some victims are not comfortable with even the idea of possibly signing an NDA and keeping the settlement and facts of the case confidential.

You should not sign a non-disclosure agreement to resolve a sexual abuse case and obtain a settlement if you don’t fully understand the terms of the agreement and what it prohibits. You should never feel pressured into signing an NDA, which you don’t have to do to resolve your case.

What Can Remain Confidential from a Sexual Abuse Settlement if You Sign an NDA?

While rules for what non-disclosure agreements can and can’t prohibit vary by state, most defendants try to keep certain information confidential from case to case.

Settlement Amount

A non-disclosure agreement can stipulate that the settlement amount may not be discussed publicly. The settlement amount and payment terms will remain totally private, which negligent institutions and other defendants typically prefer.

Case Details

Non-disclosure agreements for sexual abuse lawsuits often try to restrict the victim from discussing the details of their abuse publicly after they settle or their experience with a particular abuser or negligent institution.

Personal Information

Non-disclosure agreements can also prohibit sharing any personal or identifying information of anyone involved in the case. This can go both ways, meaning the defendant would also be unable to share any personal information about the victim.

What Can’t Confidentiality Agreements for Sexual Abuse Settlements Prohibit?

Even if you sign a non-disclosure agreement to settle your sexual abuse case, NDA’s aren’t always all-encompassing and sometimes are even unenforceable and void.

An NDA for a sexual abuse settlement cannot prevent you from making reports to law enforcement or discussing the abuse you experienced in therapy.

Only NDAs signed after the abuse occurred may be enforced. If you signed an NDA before you were sexually abused for whatever reason, that does not stop you from discussing or reporting abuse that happens later.

Several states do not allow NDAs in sexual abuse settlements, so even if you signed one, it would be unenforceable.

What if You Don’t Want Your Sexual Abuse Case to Remain Confidential?

Many defendants offer settlements on the condition that plaintiffs sign non-disclosure agreements that keep the settlement facts confidential. For many victims, signing an NDA feels like being silenced and is not something they are willing to do to resolve a case.

If you don’t want the facts of your sexual abuse case or settlement to remain confidential, you do not have to sign an NDA. This might make it harder and take longer to reach a good settlement, but settling is still possible, even without keeping the case totally confidential.

If you want a public case and public accountability, you may forgo a settlement altogether and choose to go to court.

Get the Sexual Abuse Settlement You Deserve with Our Help

Call the attorneys for sexual abuse victims at The Law Office of Andrew Shubin at (814) 826-3586 for a free case evaluation.