Protecting privacy is often a central concern for families considering legal action after sexual assault. Understanding how to protect your family’s privacy in a sexual assault lawsuit in California requires examining how courts handle sensitive information, filings, and public records.

Privacy is not guaranteed under California law. There are procedural protections available, however. Understanding what protections may exist and how they are typically requested and granted can help families make decisions before a lawsuit is commenced.

Hire a Sexual Assault Lawyer

Easton & Easton handles sexual assault and institutional negligence claims on behalf of individuals and families. The firm’s lawyers have over 100 years of collective experience in litigating cases where privacy, confidentiality, and reputation are at stake. Attorneys at Easton & Easton assess various procedural safeguards, rules of the local Superior Court of California, and litigation techniques available under California law for our clients.

How California Courts Handle Confidentiality in Sexual Assault Cases

Sexual abuse is unfortunately common. The CDC states that one in four girls and one in 20 boys are victims of sexual abuse before they turn 18. Nearly one in five women and one in 31 men have experienced rape or attempted rape during their lifetime. Filings in civil cases in California are presumptively open to the public by constitutional and common-law right of access. Cases involving sexual assault are not automatically sealed.

A requester of restricted access needs to obtain particular remedies like sealing or redaction while proving that privacy interests take priority over public accessibility to court records. The court considers all relevant factors such as the sensitivity of the information at issue, the potential for harm, and the availability of less restrictive alternatives.

The application is decided on procedural grounds, not based on the topic of the lawsuit. Privacy is contingent on how the pleadings are drafted, what information is revealed, and whether confidentiality is addressed at the commencement of litigation.

Using Initials, Pseudonyms, and Protective Orders

California courts can permit sexual assault plaintiffs to use initials/pseudonyms, but must have good cause for granting such requests. Courts consider the need for the plaintiff to avoid harm by remaining anonymous, any prejudice to the defendant, and whether allowing anonymity would compromise openness in judicial proceedings.

Protective orders restrict the use of sensitive information discovered during the discovery process. This may limit the use of such information to the attorneys, prevent its distribution outside of the litigation, or mandate that all records be kept under seal. The court must approve requests for anonymity and protective orders.

Managing Discovery to Limit Disclosure of Sensitive Information

Discovery is limited by relevance and proportionality under California civil procedure. While parties can request documents, testimony, and records, overly intrusive demands may be contested. California courts have found privacy interests in medical records, mental health information, family relationships, and unrelated personal history.

Discovery limitations often arise through objections, motions for protective orders, or negotiated confidentiality agreements. Subject to a court’s discretion, discovery may be limited if its burden or intrusion into privacy outweighs its potential usefulness as evidence. A discovery plan can manage how much private family information will be revealed in discovery by targeting discovery to information that relates specifically to the claims and defenses in dispute.

Privacy Considerations When Institutions and Third Parties Are Involved

In cases where an institution is named as a defendant in a sexual assault claim, discovery may include information from third parties such as records of internal investigations, employee records, and administration emails. These records may contain privacy interests of individuals other than the plaintiff, such as minors.

California courts address issues of relevance to the actual litigation and limit production via redactions or protective orders. Privilege and confidentiality objections raised by institutions are balanced against the need for production. The language used in subpoenas and discovery can influence how much private information is discovered.

FAQs

Does Filing a Sexual Assault Lawsuit Make Family Information Public Online?

California civil lawsuits are typically public records; however, that does not guarantee all family data will be available online. Only information filed with the court will be made public, and privacy can be requested regarding certain details. California courts examine privacy requests during their review process for public disclosure of civil documents.

Can Media Access Court Records in California Sexual Assault Cases?

Media access to court records in California generally mirrors public access, meaning reporters may obtain documents filed in a case unless a court orders sealing or redaction. This reality is often considered in the broader context of how sexual assault cases are handled in the justice system.

NBC News reported that fewer than 4% of reported sexual assaults nationwide result in a criminal conviction. Civil proceedings and privacy protections can be significant considerations for survivors and their families.

Can Family Members Be Required to Testify in a Civil Sexual Assault Case?

Family members may be called as witnesses if they have information that is pertinent to the claims or defenses in the litigation. Courts typically restrict testimony to issues that are involved in the lawsuit, and may limit inquiry into matters that would amount to an unwarranted invasion of privacy if they have no legal bearing on the case. Whether and to what extent family members will be permitted to testify depends on the rules of civil procedure and the judge.

Does California Law Allow Sexual Assault Cases to Be Filed Years Later?

California statute of limitations provisions permit filing periods well beyond the norm for certain types of sexual assault claims, including many, though not all, instances of childhood sexual abuse.

California Code of Civil Procedure § 340.1 allows such survivors to file civil claims as adults, including lawsuits against institutions. Since incidents may become known many years later, privacy can involve former employees, closed investigations, and archived records rather than current facts.

Contact a California Sexual Assault Lawyer

Preserving the privacy of your family is certainly an important issue in California sexual assault litigation. However, it is not something to simply assume will happen. There are procedural decisions to be made regarding court rules, discovery limitations, and requests for confidential treatment of information.

At Easton & Easton, we address these issues at the outset so families are aware of what, if any, privacy protections exist and how they relate to the civil litigation process as a whole. Schedule a consultation today to hire a sexual assault lawyer who can effectively advocate for you.