This practice is so widely accepted that these motions are consistently granted without a hearing. An officer of the court should never take that choice away from a minor.Īccordingly, civil attorneys working on behalf of victims, especially minors, routinely file motions to proceed under a pseudonym. The opportunity to choose whether and when to disclose a sexual assault should always be the choice of the survivor. We do know that being named in a public space as a victim of sexual assault ensures that no matter where their lives take them, those around them may know, with a simple search of their name, about the most terrifying and personal experience of their life. 3 No child knows where their educational, professional, or personal path will take them.
Many of those consequences cannot be contemplated or even fully understood at such a young age. 2īeing named in a lawsuit and in the media has lifelong consequences for victims. Prout, the 16-year-old victim Attorney Delaney tried to prevent from proceeding with a civil lawsuit under a pseudonym, received rape and death threats, pictures of her family were circulated online, and she was made to feel unsafe in her own home. Minor sexual assault victims have many of the same concerns as adult victims, but they frequently have the added fear of retaliation by the perpetrator or the perpetrator’s friends, social isolation from their peers, lack of support by their school, and both in-person and virtual harassment and bullying. Fear of their name or experience becoming public often prevents victims from reporting to law enforcement, obtaining a protection order for their safety, asserting their educational rights at school, or notifying their employer. Their decision-making around what action to take is focused on who may find out about the assault. Rape and sexual assault victims often present with a central concern – privacy. Our work in this context gives us a unique insight into the considerations that factor into a victim’s decision about whether to take any sort of legal action following an assault. Since VRLC’s inception in 2003, we have represented nearly 20,000 rape and sexual assault survivors. Attorney Delaney’s push to expose a minor victim of sexual violence as a practicing attorney previews how he will wield his power from the bench. All judicial nominees should be required to answer questions about their treatment of victims of violence. Attorney Delaney’s opposition to a high school student, proceeding under a pseudonym was in contravention to longstanding practices and laws that acknowledge and protect the privacy of sexual assault victims, especially minors. Paul’s School, he utilized the civil legal system to intimidate and silence Chessy Prout 1, a child-victim of sexual of assault. During Attorney Delaney’s tenure at McLane Middleton in the course representing St.
Court of Appeals for the First Circuit highlights the need to ask all judicial nominees questions concerning their handling of cases involving sexual violence during their careers. The nomination of Michael Delaney to the U.S. Victim Rights Law Center (VRLC) is a nonprofit law center founded to represent and advocate for the rights of sexual assault survivors.
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