Survivors of sexual abuse often live with the trauma for the rest of their lives. One small measure of comfort for a survivor can come from holding the assailant accountable. If there was an institution or organization that contributed to the abuse through negligence, it could also be held accountable through a civil claim that ends in a settlement.
That settlement can be confidential, which helps keep the survivor’s identity private. In order to secure that settlement, you’ll need the support of an experienced Charleston child sexual abuse lawyer.
Your attorney will advocate for you and keep you informed about your options. They’ll also work on your behalf to negotiate the best settlement for what you’ve endured.
What Is a Confidential Settlement in a Sexual Abuse Case?
According to a national survey by the Centers for Disease Control and Prevention (CDC), nearly half of women in the U.S. experience some form of contact sexual violence in their lifetimes. The CDC also finds that at least one in four girls and one in 20 boys experience child sexual abuse.
This is a legacy of trauma that impacts millions of survivors and their families.
Although they might want to push that trauma aside, they are entitled to seek compensation through a civil lawsuit against the abuser or an institution that contributed to the abuse.
For example, a survivor who was abused by a clergy member as a child can sue the diocese if the organization covered up or did not properly address previous complaints about the abuser. That lawsuit can lead to a confidential settlement.
A confidential settlement is a legally binding agreement that resolves a civil claim. That means the survivor can avoid a trial and not have to testify in open court. Depending on what the parties negotiate, the confidentiality terms can cover:
- The amount of compensation paid to the survivor.
- The identity of the accused individual or organization.
- Details of the alleged abuse.
- Evidence obtained during the investigation.
- Specific terms negotiated between the parties.
Confidential settlements may involve payments from individual perpetrators and institutions such as schools, churches, youth organizations, employers, and residential care facilities. If the defendant is a public body, such as a county board of education, West Virginia’s open records law can reach the settlement despite a confidentiality clause, so ask your attorney what can stay private.
The Primary Benefits of Choosing a Confidential Agreement
A confidential settlement may provide several advantages for survivors, starting with privacy. Even if a survivor can shield their identity in filings, privacy is not guaranteed once the matter moves to a courtroom.
Because a settlement ends the case before trial, the details of the abuse don’t have to come out in a public courtroom. That goes a long way toward protecting the survivor and their family while supporting their emotional well-being. If the survivor is still a minor, though, West Virginia law generally requires a judge to approve the settlement at a hearing, so ask your attorney what that will involve.
When your attorney negotiates a settlement, you can avoid a lengthy trial. Although settlement negotiations are not always quick, they do provide a potentially faster resolution.
Survivors can negotiate confidentiality, terms, and other conditions rather than leaving the outcome entirely to a judge or jury. A settlement can provide proceeds that can be used to cover medical treatment, counseling, lost income, and other damages associated with the abuse.
Keep in mind that once you reach a settlement agreement, you will not be able to go back years later for additional compensation. The payment comes in exchange for a release, which gives up your right to bring further claims against the parties you settle with.
Potential Risks and Long-Term Impacts of Non-Disclosure Clauses
Although a confidential settlement has many benefits for a survivor, it also carries potential disadvantages.
A defendant may make a nondisclosure agreement (NDA) a condition of settling. An NDA can be a separate contract or a clause in the settlement itself, and it legally prevents one or both parties from revealing certain information.
In a sexual abuse settlement, a defendant can ask for an NDA to limit publicity surrounding the allegations or settlement. In other words, depending on how the NDA is written, a survivor may be restricted from discussing their experiences publicly. It also limits a survivor’s opportunity to warn others about what happened to them to prevent it from happening to someone else.
Even if a survivor signs an NDA with an institution, courts generally won’t enforce it to stop them from reporting the abuse to police or cooperating with a criminal investigation. Survivors can also negotiate exceptions that let them keep communicating with their attorneys and therapists.
How Forbes Law Offices Protects Your Interests and Privacy
Coming forward about sexual abuse takes courage, particularly when the survivor is concerned about protecting their identity and keeping painful experiences private. At Forbes Law Offices, we understand the sensitive nature of these cases. Our goal is to treat survivors with compassion, dignity, and respect.
If a confidential settlement is an option, we can review the proposed terms and negotiate provisions that safeguard a survivor’s interests. We’ll explain how confidentiality agreements may affect your ability to speak about your experiences in the future.
If you or someone in your family has suffered through an incident of sexual abuse, you deserve to have your voice heard without sacrificing your privacy or legal protections. Reach out to our firm to schedule a free, confidential consultation. We can discuss your legal options and help you determine the best path toward justice and recovery.
