“Jane Doe” sexual assault case allowed to proceed

Photo from original complaint

Today, United States District Judge Henry Edward Autry held that a woman could proceed with her sexual assault/defamation lawsuit against a celebrity brought under the "Jane Doe" pseudonym.

This is not the first time this issue has come up, but it has not always resulted in the same outcome. In one of the more famous cases, Doe v. Shakur, 164 F.R.D. 359 (S.D.N.Y. 1996), a court held that the plaintiff was not allowed to proceed anonymously against recording artist Tupac Shakur. Since it came out, this case has been cited frequently as justification why sexual assault victims should not be allowed to sue anonymously, even against famous defendants.

While the facts of that case were different -- notably that the plaintiff's name was already known to press -- I was most heartened by Judge Autry's other reason for disregarding Doe v. Shakur:

Shakur was decided 23 years ago. As made evident by the more recent cases cited above, courts now place more weight on the psychological trauma faced by victims of sexual assault, the easy public access of court records online, and the deterrent effect that “outing” a sexual assault victim may have on other victims.

Hopefully this is a sign that the significance of Doe v. Shakur has waned, in favor of a more modern and enlightened approach to such cases.