The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
No Pseudonymity for Civil Defendant Accused of Sexual Assault
From today's decision by Judge Jeannette Vargas (S.D.N.Y.) in Finley v. Przybylowski:
Plaintiff and Defendant are attorneys who met seven years ago as summer associates at different prominent law firms in New York City…. [Plaintiff] alleges that Defendant violently raped and sexually assaulted her on the night they met, causing her physical, professional, and psychological damage. Defendant denies all allegations of nonconsensual conduct…. Defendant claims that he and Plaintiff engaged in consensual sexual activity in May 2018. Defendant attests that he was "terminated from [his] employment with a top law firm on October 13, 2025 as a result of the Plaintiff's Complaint and false allegations," and that he fears that it would be "nearly impossible" to obtain employment with his name attached to this lawsuit, He also claims to fear that his physical safety could be placed at risk….
Defendant sought to proceed under a pseudonym, but the court said no:
[T]he economic and reputational harms that Defendant has faced and may face as a party to this action, substantial though they may be, are outweighed by the public interest in access to judicial proceedings…. This Court agrees that "[a]llegations of sexual assault are paradigmatic examples of highly sensitive and personal claims." … Yet courts in this District routinely deny motions seeking anonymity brought in the context of sexual assault absent a heightened showing of harm. For example, with respect to claims brought by adult plaintiffs who allege they are the victims of sexual abuse, a claim that such victims have and will continue to suffer physical or psychological damage, an invasion of privacy, or reputational harm is generally not sufficient to entitle a plaintiff to proceed anonymously.
"The rule is the same for a plaintiff as for a defendant who is accused and who might want to keep his or her identity confidential." Any defendant accused of perpetrating a violent sexual assault potentially suffers harm to their reputation. Yet "[c]ourts have put weight on the right of the public to know the identity of the litigants as well as on the interest of the accused to be able publicly to confront the accuser." Accordingly, "something more is required to rebut the presumption of public access, at least in cases involving adult sexual assault." "[T]hat something more frequently has to be evidence of real (and not conclusory) harm that is substantial and that will flow directly from and is directly linked to disclosure of the party's name." "Were it otherwise, virtually all claims of adult sexual assaults would ipso facto proceed anonymously."
[The risk of] "retaliatory physical or mental harm to the party seeking to proceed anonymously or[,] even more critically, to innocent non-parties" [may cut in favor of pseudonymity -EV]. However, "the risk of social stigmatization and embarrassment is insufficient to proceed anonymously[,] and courts have consistently rejected anonymity requests predicated on harm to a party's reputational or economic interests." Although Defendant attests that his physical safety is at risk, Defendant's statements are conclusory and lack any specificity or evidentiary support….
Plaintiff Finley would [also] be prejudiced by Defendant's anonymity in this action. "[F]undamental fairness suggests that defendants are prejudiced when required to defend themselves publicly before a jury while plaintiffs make accusations from behind a cloak of anonymity." The same concerns are at stake in unidirectionally anonymous actions where the parties are reversed. Additionally, by keeping Defendant's identity non-public, "information about only one side may thus come to light," both prejudicing the non-movant and hindering "the judicial interest in accurate fact-finding and fair adjudication." …
[Moreover, Defendant's] name has been on the public litigation docket since May, he alleges that he has already been fired from his job as a result of external knowledge of the claims against him, and it has been over seven years since Plaintiff has begun disclosing his identity to other parties….
"[I]n nearly all civil and criminal litigation filed in the United States Courts, one party asserts that the allegations leveled against it by another party are patently false, and the result of the litigation may quickly prove that." Yet we retain "the existence of a common-law right of access to judicial records" anyway, because "[t]he notion that the public should have access to the proceedings and documents of courts is integral to our system of government." Just as "it does not follow that the public has an interest in maintaining the anonymity of every person who alleges sexual assault or other misconduct of a highly personal nature," so too it does not follow that the public has an interest in maintaining the anonymity of every person who is accused of sexual assault or other misconduct of a highly personal nature. This is in part because "sexual assault and discrimination" are "issues … of the type that further the public's interest in enforcing legal and social norms[,] … and the public interest in sexual assault and discrimination is very high." The Court's presumption of public access favors disclosure of Defendant's name.
The court also rejected defendant's motion to seal the case:
"If the purported falsity of the complaint's allegations were sufficient to seal an entire case, then the law would recognize a presumption to seal instead of a presumption of openness." … "[S]ealing an entire case file is a last resort" ….
