Authorizes a plaintiff commencing an action alleging conduct constituting a sexual offense or a civil offense involving the transmission of HIV shall have the…

◆ The sponsor's argument

Why Pete Harckham says this is needed

In the State of New York, victims of sexual assault and rape have the right to identity protection in a criminal proceeding. Unfortunately, this same protection does not extend to civil court proceedings. Currently, Section 50-b of the Civil Rights Law is worded in a way which is interpreted by some judges as only protecting victim litigants who are not only in civil court, but also the victim in a criminal case. This leaves it up to the discretion of the judge assigned to a case to determine whether or not to protect the victim plaintiff's identity. As a result, some survivors are able to sue their abusers without their name being published in public court documents or otherwise released to the public, while others are not afforded the same protection. The risk of a judge denying identity protection dissuades victims from suing their abusers and having their day in court. Survivors seeking justice for sexual assault deserve the right to proceed without the fear that their name will be made public, and this decision should not be depend- ent on individual judges' considerations. The lack of clarity in Section 50-b has created inconsistency and uncertainty for survivors of sexual abuse when making the difficult decision to hold their abusers account- able in court. Indeed, many survivors are worried about remaining anony- mous before proceeding civilly against their abusers, and defendants' attorneys have been found to weaponize these fears against survivor plaintiffs. When survivors are permitted to proceed anonymously, their identity is still revealed to the defendant, however, their name is not made public, shielding them from the fear of public repercussions. Forc- ing victims to move through civil proceedings with their names has a chilling effect on survivors coming forward. Several articles have underscored how many survivors decided not to come forward due to fear of public scrutiny, or worse, physical retaliation and psychological harm. Protection of survivors' identities removes barriers in the legal system for survivors of sexual assault and enables them to seek the justice they deserve. This bill will clarify Section 50-b of the Civil Rights law to affirm the right of privacy for victims of rape and sexual assault in civil court proceedings. 1. Robinson, K., Sean 'Diddy' Combs accuser's lawsuit dismissed after she refuses to reveal identity, HTTPS://WWW.USATODAY.COM/STORY/ENTERTAINMENT/ CELEBRITIES/2025/03/31/SEANDIDDV-COMBS-LAWSUIT- DISMISSED-JANE-DOE-IDENTITY/82745789007/. 2. Jacobs, J., Most of Sean 'Diddy' Combs's Accusers Are Unnamed. Can They Stay That Way?, https://www.nytimes.com/2024/11/07/arts/ music/sean-combsdiddy-anonymous-accusers.html. 3. Max, S., Woman accusing Alexander brothers of rape can't be anony- mous, judge says, https://gothamist.com/news/brothers-are-accused-of- dozens-of-rapes-nyc-judge-says-an-alleged- victim-must-reveal-her-name.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.