Students ask for anonymity in sex harassment case
August 17, 2009 by Taylor HanniganPosted in: From the Courts, In this week's e-newsletter, Latest News & Views
If a student claims a university official sexually assaulted and harassed her, should she be forced to use her real name in court papers?
Six plaintiffs said while they were students at East Stroudsburg University, the school’s vice president for university advancement sexually assaulted and harassed them. They used pseudonyms when they filed their court complaint.
The accused official said the plaintiffs should be forced to reveal their real names. But the former students resisted, saying there’s a public interest in protecting the identity of sexual assault victims. They also claimed that revealing their names would subject them to embarrassment and humiliation.
The court ruled for the official, saying the plaintiffs had to reveal their names. There’s a strong interest in keeping judicial proceedings open and transparent, it said. That interest wasn’t outweighed by the plaintiffs’ privacy rights.
Cite: F.B. v. East Stroudsburg Univ.
Should the accusers have been allowed to proceed anonymously? Tell us what you think in the comments section below.
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August 19th, 2009 at 8:44 am
No. They should not have been allowed to proceed anonymously. They could have asked for sealed hearings or records, but – and I say this as a sexual assault victim myself – the official is entitled to his rights as well. I know that sounds extremely liberal of me, but it is what it is. They didn’t use a pseudonym when they named him and should all of this prove to be false allegations, his embarrassment and humiliation would come in to question. The system isn’t always what we want it to be, but if those students stand their ground they’ll get their justice. As far as embarrassment and humiliation for them – the people who truly respect them won’t find them to be in an embarrassing situation. The people who care for and respect them will support them for being strong. It takes a lot of strength to come out publicly to right a wrong.
August 19th, 2009 at 10:39 am
I agree with Brandi. The plaintiffs have certainly done nothing wrong, nothing to be ashamed about or embarrassed of. I can sympathize with their wish to remain anonymous, but in our system of justice, the accused is entitled to his rights as well. An anonymous accusation would only enforce claims that the official is being unfairly challenged. How can he defend himself if he doesn’t know his attacker? I don’t subscribe to that belief, but in the court of public opinion, it carries quite a bit of weight.
August 19th, 2009 at 11:32 am
If the plaintiff’s name were not revealed, other individuals would perhaps have a license to bring, at their own discretion, bogus charges against innocent persons. If these women have been violated, they should not worry about their personal humiliation and embarassment. An accused person in this country has a right to stand in the presence of his accusers and receive due process. Providing the accuser(s’ ) name is part of the legal process: transparent disclosure. Let justice prevail or drop the case, after all this is the 21st century.
August 19th, 2009 at 8:48 pm
Many people will indirectly blame the victim. Remember the rape victims accused of wearing seductive clothing or makeup.
In this society, this accusation can follow you for the rest of your life. Employers may not hire people who have filed a law suit. These women are courageous by filing the suit. It takes a lot of strength to accuse a professor. The issue here is the sex assault and harrassment, not names. Professors should be tried who abuse their power.