How sexual abuse survivors can sue anonymously

On Behalf of | Jul 8, 2022 | Survivors - Resources & Help

Survivors of sexual abuse who sue their perpetrators may worry how the publicity of their case could affect them. Since survivors can endure violence, harassment, stigma and, in some cases, media attention, some want to keep their name out of the spotlight while pursuing charges.

If you’re a survivor of sexual abuse and plan to take your perpetrator to court, there are ways to maintain your privacy even though court cases are typically public.

You can do this by taking legal action anonymously under a pseudonym.

Can I sue my abuser under a different name?

According to the Federal Rules for Civil Court Procedure, civil court proceedings must be public record. However, there can be exceptions to this rule. Two cases set a precedent for such exceptions: Doe v. Stegall in 1981 and Doe v. Frank in 1992. Both state that plaintiffs can use pseudonyms when filing a lawsuit in some broad circumstances.

This can let you keep your real name off of official court records. In some cases, you can request anonymity after you file a lawsuit. Or you can request anonymity at the time you file a lawsuit.

Under what circumstances can I remain anonymous?

Depending on your circumstances, you can use a pseudonym in your case if:

  • You’re facing threats of harm or retaliation
  • You have to reveal intimate information about yourself
  • You’re suing a government agency

Even if none of these conditions apply, courts can still grant anonymity to plaintiffs as long as they have a valid reason. At the same time, many judges recognize why survivors want to keep their real name off of public court records and can empathize with their anonymity requests.

And while you can use a pseudonym in your case, you still need to reveal your real identity and details of the incident to the court and the defendant’s legal team.

Ease the burden on yourself during your case

It takes courage to take legal action against your perpetrator, especially if it’s been many years since you’ve encountered them. You may feel intense emotions as you begin the process and the last thing you want is the entire world knowing personal details about a traumatic event in your life. But when you can proceed with your case anonymously, you can keep a certain level of privacy.