Latest News 2011 August No Anonymity for Deacon Allowed, Per Judge, in Sexual Abuse Case

No Anonymity for Deacon Allowed, Per Judge, in Sexual Abuse Case

A victim can use a pseudonym when filing sexual abuse charges against a member of the clergy, but in a current lawsuit, where an accused Baptist deacon requested anonymity, a judge ruled against him as he said that the victim's case would be prejudiced. 

The Courthouse News Services reported the story on July 27.

The Baptist deacon is fighting sexual abuse charges that were lodged against him by a former teenage parishioner.

Boston magistrate Judge Timothy Hillman made the ruling on July 18.

Jane Doe, a pseudonym for the victim, has sued her former deacon, S.B., and the Word of Life Fellowship in New York.  The victim claims that the sexual abuse began in 2007 - while she was 17 and S.B. was 40 - when the deacon served at the Cherry Valley, Ma., Temple Baptist Church.

S.B. was the program director for the Word of Life's Student Training Corps when Jane Doe was a member of the group.

When the girl was nearing aged 19 her parents got wind of the abuse and ended it. 

S.B., per the suit, allegedly attempted to make the sexual abuse appear to have been consensual.  He used his position and manipulated the victim into the relationship - emotionally, physically and mentally - as she viewed him as her "supervisor, spiritual leader and mentor."

S.B., in wanting to keep both his family and reputation from harm, asked the judge to allow him to use a pseudonym. 

S.B. has maintained his innocence in the matter while, the judge noted, Jane Doe's claims have yet to been investigated.

Judge Hillman's order states: "The U.S. Supreme Court has yet to set a standard to determine when the use of a pseudonym is proper.  The presumption is that all judicial proceedings remain open to the public.   Courts do recognize that the use of pseudonyms is necessary in specific circumstances, but to overcome the presumption, litigants must show that they possess a 'substantial privacy interest that outweighs the public's interest in disclosure."

Hillman further noted the 1st Circuit precedent: "The mere fact that judicial records may reveal potentially embarrassing information is not in itself sufficient reason to block public access."

S.B. insisted that the public's interest in the case doesn't outweigh his interest in privacy.

Hillman responded, "Allegations of sexual assault of a minor is [sic] of public interest.  (S.B.'s) former employment and leadership role in a religious organization paired with his current involvement in the tourism industry makes him of public interest."

S.B. now relies heavily on the judicial process to find him not-guilty and return his reputation to its previous state.

Hillman concluded, "Though defendants' reputations in sexual assault cases are at stake, they can defend claims against themselves in a public forum."

Any priest that sexually abuses a minor is subject to a lawsuit.  Contact a personal injury attorney if you, or someone you love, has been a victim of priest abuse.  Monetary compensation is often considered for your pain and suffering.

Categories: Sexual Abuse

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