NDAs in Sexual Assault Cases: Silencing Victims & Protecting Predators

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NDAs in Sexual Assault Cases

NDAs in Sexual Assault Cases

Sep 20, 2024

Did you know that over one-third of the US workforce is bound by non-disclosure agreements (NDAs)? The Harvard Business Review recently wrote that NDAs in the United States are “out of control.”

While NDAs can be unfair for countless employees, these legal contracts can have particularly severe implications for victims of sexual abuse and assault by prohibiting them from discussing sexual misconduct. In this comprehensive guide, we’ll explore the impact of non-disclosure agreements in sexual assault cases, recent legislative changes, and what you need to know about protecting your rights.

NDAs in Sexual Assault Cases

Understanding Non-Disclosure Agreements (NDAs) in Sexual Assault Cases

A non-disclosure agreement, or NDA, is a provision often found in legal and employment contracts. It requires one or both parties to keep certain information confidential. In the context of sexual assault cases, NDAs have become a controversial tool that can silence victims and protect perpetrators.

The Prevalence of NDAs in the Workplace

The Prevalence of NDAs in the Workplace
NDAs are commonly used across many industries. They’re added within contracts to protect trade secrets, confidential business information, and sometimes, unfortunately, to cover up misconduct like sexual assault and sexual abuse. The widespread use of these agreements has significant implications for workplace culture and employee rights.

How NDAs Silence Victims and Protect Sexual Predators

The use of NDAs in sexual assault and harassment cases has come under intense scrutiny in recent years. Here’s why:

  • Workplace Sexual Misconduct NDAs: Many companies require employees to sign NDAs that prohibit them from disclosing workplace misconduct, including sexual harassment and assault. This practice can create a culture of silence and impunity.
  • NDAs in Other Institutions: Beyond the corporate world, NDAs are used by various institutions such as sports organizations and universities. These agreements often aim to protect the institution’s reputation at the expense of victims’ rights.

Examples of NDA Misuse

High-profile sexual abuse cases have brought the misuse of NDAs to light:

  • Harvey Weinstein used NDAs to silence victims and evade accountability for decades.
  • USA Gymnastics attempted to use an NDA to prevent Olympian McKayla Maroney from speaking out about her abuse by team doctor Larry Nassar.

Consequences of Silencing Sexual Assault Victims with NDAs

Consequences of Silencing Sexual Assault Victims with NDAs

The impact of NDAs on sexual assault survivors is severe. These agreements effectively take away a survivor’s voice, making them afraid to speak out for fear of legal repercussions or job loss.

Additionally, NDAs can provide protection for sexual predators. By concealing lawsuit settlements or even the existence of sexual abuse claims, NDAs can shield individual perpetrators and institutions from public scrutiny and accountability.

Don’t let an NDA keep you silenced. To speak with a compassionate and experienced sexual assault NDA lawyer about your situation, contact Dordulian Law Group today by calling 866-GO-SEE-SAM for a free and confidential consultation.

Changing Laws Surrounding NDAs in Sexual Assault Cases

In response to growing awareness and advocacy, lawmakers are taking action to limit the power of NDAs in sexual assault and harassment cases.

  • Federal-Level Changes: The Congressional Accountability and Hush Fund Elimination Act now prohibits using NDAs as a prerequisite for procedures involving sexual harassment or assault in the federal government.
  • State-Level Legislation: Several states have passed laws to address the misuse of NDAs:
    • California NDA Laws for Sexual Assault: California’s STAND (Stand Together Against Non-Disclosures) Act bans settlement provisions that prohibit the disclosure of felony sex offenses, including child sexual abuse.
    • New York and New Jersey Initiatives: These states have also passed legislation limiting the use of NDAs in sexual harassment and discrimination cases.

Impact of #MeToo Movement on NDA Legislation

The #MeToo movement has been a significant catalyst for change in the scope of NDA usage, prompting legislatures in multiple states to limit or ban confidentiality agreements related to sexual harassment and discrimination.

Enforceability of NDAs in Sexual Assault and Harassment Cases

The legal landscape surrounding NDA enforcement in sexual assault cases is evolving. If you live in California, here’s what you need to know:

  • California’s Approach to NDA Enforcement in Sexual Abuse Cases: California courts have long upheld the use of NDAs to protect legitimate trade secrets. However, recent legislation like the STAND Act and Silenced No More Act have limited the enforceability of NDAs in cases involving sexual misconduct, giving more rights and protections to survivors and whistleblowers.

Outside of California, different courts have applied varying decisions related to NDA enforcement. The good news for survivors is that, even in jurisdictions without specific laws limiting NDAs in sexual assault cases, courts have the discretion not to enforce these agreements, especially if they involve serious sex offenses.

Exceptions to NDA Enforcement

NDAs are generally not enforceable if:

  • The information is already public knowledge
  • The agreement covers illegal activities
  • Enforcing the NDA would be against public policy

Reporting Sexual Assault with an NDA

Reporting Sexual Assault with an NDA

If you’re bound by an NDA but have experienced or witnessed sexual assault, it’s important to understand your rights:

  • Legal Rights to Report Criminal Conduct: No NDA can legally prevent you from reporting a crime to law enforcement. This includes sexual assault, sexual abuse, and other forms of criminal sexual misconduct.
  • Public Policy Considerations: Courts view it as against public policy to prevent someone from reporting criminal activity, regardless of any private agreement.

Importance of NDA Legal Consultation

If you’re unsure about your rights under an NDA, it’s important to consult with an experienced sexual assault and abuse lawyer from D Law Group. Our dedicated team can provide guidance on your specific situation and help protect your rights.

D Law Group is a top-rated and nationally-recognized sexual assault and sexual abuse firm that has helped survivors secure more than $200,000,000.00 in settlements and verdicts with a near-perfect 98% winning record.

Founded by Sam Dordulian, a former sex crimes prosecutor and member of the National Leadership Council for RAINN (the nation’s largest anti-sexual violence nonprofit), D Law Group provides survivors with a unique type of full-service legal representation which includes access to a 24/7 support network of professionals.

Meet the D Law Group SAJE Team (Sexual Assault Justice Experts):

  1. Litigation department: A team of experienced and proven sexual abuse lawyers led by Sam Dordulian, a former sex crimes prosecutor and member of the National Leadership Council for RAINN (Rape, Abuse & Incest National Network)
  2. Victim advocacy department: Two in-house licensed and nationally-accredited victim advocates dedicated to providing support for survivors
  3. Mental health advocacy department: Our in-house clinical therapist with nearly 20 years’ experience specializing in helping survivors of sexual abuse navigate mental health challenges
  4. Investigative department: Our in-house Chief Investigator, retired LAPD child sex crimes detective Moses Castillo

To speak with a member of the SAJE Team for your free NDA sexual assault lawyer consultation, contact us any time at 866-GO-SEE-SAM.

The Future of NDAs in Sexual Assault Cases

As awareness grows and laws continue to change, we’re likely to see further restrictions on the use of NDAs in sexual assault cases. Ongoing advocacy and legal reforms are essential to protect victims’ rights and promote accountability.

Remember, your voice matters. While NDAs can be intimidating, they should never prevent you from seeking justice or speaking your truth about sexual assault or harassment.

FAQ (Frequently Asked Questions NDAs and Sexual Assault)

If you're considering speaking out, it's advisable to consult with a lawyer from D Law Group who specializes in employment law and sexual harassment cases. Our compassionate team of sexual assault lawyers can review your NDA and advise you on your rights and potential risks.

No, NDAs in sexual assault cases are not always enforceable. Many states, including California, have passed laws limiting their use in these situations, and courts may choose not to enforce them if they're deemed against public policy.

The #MeToo movement has led to significant changes in NDA laws across many states. It has prompted legislation limiting or banning the use of NDAs in sexual harassment and assault cases, giving more power to victims and enabling them to speak out.

The STAND (Stand Together Against Non-Disclosures) Act is a California law that prohibits the use of NDAs in settlements involving sexual assault, sexual abuse, sexual harassment, or sex discrimination.

Our Sexual Assault Justice Experts are here to help survivors secure justice. Contact our top-rated attorneys online or by phone for a free consultation today.

Author

Samuel Dordulian

Samuel Dordulian, founder

Sam Dordulian is an award-winning sexual abuse lawyer with over 25 years' experience helping survivors secure justice. As a former sex crimes prosecutor and Deputy District Attorney for L.A. County, he secured life sentences against countless sexual predators. Mr. Dordulian currently serves on the National Leadership Council for RAINN.




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