New York State Supreme Court Judge Deborah Chimes ruled Monday that individuals pursuing lawsuits under the state Child Victims Act can remain anonymous during litigation.
Chimes’ ruling comes in response to a lawsuit filed by a woman against former Amherst Central School administrator John Koch. The lawsuit alleges repeated sexual assaults by Koch, beginning in the 1980s when the woman was only 14 years old.
The woman’s attorney, Paul Barr, called the ruling an important victory for victims of sexual abuse. Barr suggested that the ruling “allows [victims] the protection of their anonymity while still giving the defendant the full opportunity to present a defense.” Barr noted that several other victims of childhood sexual abuse expressed hesitation toward filing lawsuits against abusers, largely in fear that their names would be exposed.
Both Koch and the school district argue that the public has a right to know the names of individuals bringing lawsuits. Attorney Julia Hilliker commented that in cases where taxpayer money is at stake, the public “has a strong interest in full and open disclosure of all matters related to [the] litigation, including the names of the litigants.”
School districts have expressed concerns that without the names of litigants, they will be unable to conduct their own investigations related to sexual abuse claims, making it “impossible” for alleged abusers to defend themselves. In the case decided on Monday, however, lawyers for the Amherst school were given the victim’s name but prohibited from publicizing it.
In her decision, Chimes gave credence to the school district’s argument, but was ultimately persuaded by the concern that childhood sexual abuse survivors would be hesitant in bringing claims if their names were publicized.
More than 300 men and women have filed claims under the Child Victims Acts since September 2019 and nearly two-thirds of individuals in those cases expressed the desire to remain anonymous
(Published by Jurist Org, December 27, 2019)
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