BILL NUMBER: S9021
SPONSOR: HARCKHAM
 
TITLE OF BILL:
An act to amend the civil rights law, in relation to the right to priva-
cy in certain actions
 
PURPOSE:
This bill amends the Civil Rights Law to affirm the right of privacy for
victims of rape and sexual assault in civil court proceedings, in the
same way their identity is protected during criminal proceedings.
 
SUMMARY OF PROVISIONS:
Section one amends Section 50-b of the Civil Rights Law, underscoring
how a criminal charge or a criminal conviction shall not be necessary as
a condition of confidentiality of the plaintiff's identity during a
civil proceeding.
Section two provides the effective date
 
JUSTIFICATION:
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.
 
LEGISLATIVE HISTORY:
None
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
This act shall take effect one year after it has become a law.