A teenager who says she was raped after a school worker tried to use her as bait to catch an alleged sexual predator should be forced to publicly reveal her name to pursue a lawsuit, an Alabama school system argued in court.
Madison County schools filed documents with the 11th U.S. Circuit Court of Appeals this week opposing anonymity for a now-19-year-old woman who maintains she was raped at school at age 14 during a scheme hatched by a teacher's aide to catch another student accused of improper sexual advances.
A lawyer for the young woman called the system's position unusual since victims of sexual assaults often are allowed to use only their initials or a pseudonym like "Jane Doe" in civil lawsuits.
Mastando said the young woman now wants to be included as a plaintiff in the case since she is no longer a minor.
"It's a pretty routine idea that now that she is an adult she should be able to handle her own affairs and that she should be able to remain anonymous because of her age when this happened," she said.
School officials contend the young woman doesn't meet court standards for being allowed to pursue a lawsuit anonymously.
True. I never know where to quote from.Perhaps. But the actual meat of this new development is buried at the bottom of the linked story.
The suit was filed by her father. She wants to be included as an adult. (I shall choose to admire her courage.) This may well change things, legally. I don't know.
The US has rape shield laws.
The naming of the victim is a way to try and shame, or embarrass her, or make other girls/women too afraid to come forward, believing they will be publicly named.
So then I guess my question is what possible judge would allow that?
The article states that adult victims often use initials or Jane Doe, so I don't see how.
Oh, I agree, and there are rape shield laws, and any number of previous cases where rape victims' identities were shielded. I'm just wondering if there isn't some clumsy language in a law there that makes the being added to the complaint require her being named. I hope not.