Will My Identity Be Made Public if I File a Sexual Abuse Lawsuit?

Sexual abuse is incredibly violating, and it makes sense that victims of sexual abuse and sexual assault would want to keep what happened to them private, if possible. In cases filed against teachers, priests, employers, or public figures, victims often fear that their names could be released. However, there are usually processes for filing anonymously and keeping your identity private.

Privacy rights can often help victims keep their sexual assault lawsuits anonymous when it comes to court records and the name on the case. These rules are even stronger for child victims, whose names are almost never included in the lawsuit. However, it is often up to the judge’s discretion, and judges need to weigh your privacy rights against the public’s right to know what’s going on in court. State and local rules may apply differently from place to place.

For help with your case, call (814) 826-3586 for a free case analysis with The Law Office of Andrew Shubin’s sexual abuse victim lawyers.

Does My Name Go on the Case if I File for Sexual Abuse?

The “name” of a court case is known as the caption. This caption usually consists of the plaintiff’s name – the party bringing the suit – then a “v.” for “versus,” then the defendant’s name. This name is how the case is referred to in court, the news, and general discussions, and it goes at the top of all documents filed with the court (typically alongside a case number).

For example, in the famous case Brown v. Board of Education, a parent named Oliver Brown (along with other parents) sued the Board of Education of Topeka, Kansas. While most court cases are not quite as famous as this, a well-known person could end up on the defendant’s side of the caption for a sexual abuse case, and victims would be concerned about their name being attached to such a case in the news or in public.

Fortunately, you can often petition the court to keep your name confidential. This would put a placeholder name or pseudonym at the top of the caption. This is incredibly common in cases involving child victims, but adult victims of sensitive or personal things like sexual abuse can also seek to have their names kept private.

A placeholder name is commonly something like your initials or simply calling you “Anonymous” in the caption. Some states might also allow names like John Doe or Jane Doe, perhaps with a number attached to differentiate between anonymous people and indicate that they are a known person. The famous case Roe v. Wade used the pseudonym “Jane Roe” for the plaintiff in that case because of the privacy issues involved in that case.

Otherwise, “Doe” names are usually used as placeholders for unknown parties who might not have been identified yet, such as another unknown victim or an unknown perpetrator.

When Can I File a Sexual Abuse Case Anonymously?

While many sexual assault cases will meet the standards for anonymous filing, being able to file your case anonymously or under a pseudonym is not guaranteed. Court matters are considered public issues, and it is the public’s and the press’ right to get access to information about what is going on in court. Generally, your sexual abuse victim lawyers will need to show the court that your interest in keeping your name private outweighs the public interest in learning about what happened.

One of the most common reasons for keeping a case anonymous is that the victim is a minor. Courts often grant permission for anonymous filing and never even take a second look at the matter when the case involves sexual abuse of a child.

Sexual matters, such as abuse, rape, and sexual assault, are also considered important matters of privacy. As such, these cases often weigh in favor of privacy and anonymity.

A risk of retribution is also a good reason for a court to allow you to file anonymously. If the defendant is your employer or someone with economic or social power over you, then it might be important to keep your name private to avoid them being able to do anything to hurt you economically, physically, or otherwise. If the defendant is a somewhat public figure with a following, your name could be kept private to avoid harassment from their fans or followers.

Defendants can sometimes argue that keeping the plaintiff’s identity anonymous would be unfair to them or that the public interest in learning your identity is too important for anonymity, and judges will weigh this claim against your need for privacy.

Can Defendants Keep Their Name Private in a Sexual Abuse Lawsuit?

Generally, defendants cannot keep their names private like plaintiffs can. Allegations against a defendant are an important public matter, and the public has an interest in knowing whether individuals are safe to be around, especially if they are public figures or people with high positions in society. As such, defendants usually cannot have their names kept private.

What if the Defendant Figures Out Who I Am?

In many cases, defendants will be able to identify who is suing them based on the facts of the case and their memory of those events. However, even if the defendant knows who you are, they might not be able to talk about it publicly.

First, acknowledging that they know who you are could come across as an admission that they remember the events. This could hurt their case, and their lawyers would likely caution them against acknowledging this.

Second, the court can often issue a protective order to avoid having the defendant share your information, shame you, harass you publicly, or draw public attention to your identity. This could constitute witness intimidation or potentially taint a jury pool in cases where a public figure is the defendant.

Can Private Court Information Be Unsealed?

In some cases, after time has passed, courts might be able to unseal hidden details. An anonymous filing is not necessarily “sealed” through the same processes unlocked by Freedom of Information Act filings, but these requests and similar state-level requests for information might be able to get secret or anonymous details revealed. However, odds are that if you are suing a private individual and not a public figure, no one will have any reason to seek out this information in the first place.

What Happens if My Identity is Revealed by Mistake?

While courts may take steps to conceal your identity from the public, mistakes sometimes occur. If your identity is revealed, your attorney can help you figure out what to do next and how this might affect your case.

First, we need to determine what happened. Was there an error made by court officials? Maybe your name was accidentally not redacted on some court documents. Alternatively, did the defendant leak your information to intimidate you? Did someone else close to the case go to the press? If the court made a mistake, it should act swiftly to correct it.

If the defendant or someone else reveals your identity, your attorney can help you make sure they are penalized. Whoever revealed your identity might be held in contempt of court. If a lawyer revealed your identity, they might face legal sanctions.

Next, we need to consider how this might affect your case. It is possible that the mistake can be corrected, and we can minimize the damage. If the press has your name, we might contact media outlets and ask them not to include it in upcoming news stories. We can also take steps to prevent another leak. If we know the defendant leaked your name, we can ask the court to impose restrictions so that the defendant cannot do this again.

Who Knows My Identity if I Want to Keep it Private?

Your identity is only anonymous to the public. Those close to the case likely know who you are. Knowing exactly who knows your name and your connection to the case will help us make sure your information remains private.

The judge and other court staff and officials will know your name. They need your name for important court records. While this might be uncomfortable, the court is usually very good at keeping anonymous plaintiffs private. If a court official leaked your name by accident, they would likely be met with serious consequences.

Your legal team will also know your name and other information. Attorneys cannot represent people without knowing who they are. Remember, the attorney-client privilege protects all your information and any communications between you and your lawyer. Your lawyer is forbidden from disclosing information about you without your consent.

The opposing counsel and the defendant also likely know your identity. Even if we do not tell the defendant directly, they can likely figure out who you are based on the facts and allegations. They may also see you at court hearings. This can feel intimidating, but we can get a court order prohibiting all parties involved from disclosing your identity outside the court.

Anonymity in Criminal vs. Civil Sexual Abuse Cases

Remaining anonymous in a sexual abuse case is not always possible. Whether your identity stays concealed by the court may depend on whether you are involved in a criminal or civil case.

Anonymity might not be possible in criminal cases, as the identity of an accuser is an important part of the public record. However, the victim’s name is not part of the case caption in criminal cases. As such, when the case is referenced in official documents or even in the media, your name is not part of it.

Also, in criminal cases, sexual abuse victims often must testify because the defendant has a constitutional right to confront accusers and witnesses against them. This usually means the accuser’s identity is on record. On top of that, court proceedings are usually open to the public, and anyone who comes to see the trial may learn your identity. However, under certain circumstances, we can ask the court to close the proceedings to protect your privacy.

In civil cases, the plaintiff has more control over how the case is filed and what evidence they bring to the table. We may ask the court to keep your name private, so it is not in the case caption. In some cases, plaintiffs do not even have to testify, and they may be better able to maintain anonymity.

Why You Might Forego Anonymity in a Sexual Abuse Case

Privacy is often a major concern among plaintiffs in sexual abuse cases, but there might be good reasons to let your identity become public. Your attorney can help you weigh your options and decide what you want to do.

Many plaintiffs want public recognition of the case. This tends to relate more to obtaining a sense of justice and closure rather than gaining a legal advantage. You may find value in setting a public example of justice.

Depending on your relationship to the defendant, you might have an advantage in court by making your identity public. If the defendant has a history of making sexual advances or unwanted sexual remarks about you, allowing your name to be public might help your case.

Another possibility is that you want to send a message to the defendant that you will not be silenced or intimidated. Allowing your name to be attached to the case publicly may prevent the defendant or those close to them from intimidating you. If your name is public, they cannot threaten to expose you.

Call Our Sexual Abuse Victim Lawyers Today

For help with your case, call our sexual abuse victim lawyers at The Law Office of Andrew Shubin today at (814) 826-3586.