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Sexual Assault Claims and Pseudonymity

Added 12-08-21 01:21:02pm EST - “An interesting 2014 case I just found.” - Reason.com

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Posted By TheNewsCommenter: From Reason.com: “Sexual Assault Claims and Pseudonymity”. Below is an excerpt from the article.

Many cases allow people who allege they had been sexually assaulted to be pseudonymous,[1] including when they are defendants being sued for libel and related torts.[2] Indeed, some allow pseudonymity for the alleged attacker as well as the alleged victim, if the two had been spouses or lovers in the past, because identifying one would also identify the other, at least to people who had known the couple.[3] But again, many other cases hold otherwise, some in highly prominent cases (for instance, against Kevin Spacey, Harvey Weinstein, and Tupac Shakur[4]) but others in much less prominent ones.[5] Here's a rather unusual fact pattern I came across, where a court rejects pseudonymity, Doe v. JBF RAK KKLC (D. Nev. 2014):

The complaint alleges that Plaintiff and the principal individual Defendant entered into a personal relationship by telephone, text messages and email in November 2012 which continued in that manner until late January 2013 when they met in person in Las Vegas for the first time. Plaintiff alleges that during a meeting on January 25, 2013, Defendant became intoxicated and conducted himself in an inappropriate manner. Plaintiff does not allege that Defendant committed any physical or sexual assault against her during that encounter.

Defendant thereafter provided Plaintiff with expensive gifts, including expensive jewelry, watches and handbags. He also allegedly promised to purchase luxury automobiles for the Plaintiff. During a subsequent meeting with Plaintiff in Switzerland in March 2013, the Defendant again became intoxicated, was verbally abusive to the Plaintiff and demanded and obtained the return of expensive items he had given her. Defendant thereafter apologized for his conduct and gave additional expensive gifts to Plaintiff. Plaintiff alleges that during a private airplane trip with Defendant in April 2013, he again became intoxicated and behaved in an inappropriate manner. Plaintiff does not allege that Defendant was verbally or physically abusive to her during this trip.

Plaintiff alleges that on or about July 11, 2013 while she was in India with the Defendant, he physically attacked her and caused bruising and injury to her. Plaintiff alleges that she subsequently engaged in communications with Defendant's relatives and associates who advised her that Defendant was attempting to control his behavior and asked her to give him another chance. Plaintiff alleges that on August 2, 2013, Defendant again became intoxicated, physically forced Plaintiff to leave their joint hotel room and stated that he wanted "20 men to rape" her.

After further communications with Defendant and receiving additional gifts from him, Plaintiff alleges that she traveled to Dubai to meet with Defendant in September 2013. During this visit, she signed a contract of employment with Defendant. Defendant, however, again engaged in excessive alcohol consumption and Plaintiff was forced to leave. This incident was also followed by further apologies from the Defendant, promises to correct his behavior and additional expensive gifts or promises of expensive gifts.

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