Confidential Settlements in Washington Sexual Abuse Cases: What to Know

Sexual abuse cases can be emotionally draining for survivors, often putting them through additional trauma as they seek justice. They often worry about the public fallout—if their name will become public, if they have to testify in open court, and what documents will ultimately become public record and be picked apart on social media. In Washington, civil sexual abuse cases may involve confidentiality provisions that protect sensitive information. But these provisions are not unlimited, and it’s important for survivors to know all potential outcomes as they start exploring their legal options.

The sexual assault lawyers at Smith McBroom Injury and Accident Lawyers can help you compare your options and decide what to do next. Call us to schedule a consultation now.

Why confidentiality comes up in sexual abuse cases

Confidentiality comes up a lot in discussions about sexual abuse civil lawsuits. Both sides may have reasons for wanting confidentiality agreements. Survivors often want to avoid public attention, protect family relationships, keep medical information private, and avoid the trauma that may come with public discussion. Maintaining control over this process may support them as they heal.

Defendants also often request confidentiality agreements to avoid reputational damage, reduce the chance that other survivors will come forward, and prevent the public from learning about other allegations.

There’s a significant difference here, and it’s important to keep it in mind as we discuss confidential settlements. Confidentiality that protects a survivor’s privacy is not even in the same realm as confidentiality intended to protect an institution or individual from accountability.

Washington law places limits on some NDAs

Washington is one of several states that have taken steps to limit agreements that force silence on those who have experienced or witnessed sexual assault, harassment, discrimination, and certain forms of illegal conduct. In terms of employment, Washington law has limitations(opens in new tab) on nondisclosure and nondisparagement provisions that keep current, former, and prospective employees and contractors from discussing certain illegal acts.

Of course, this doesn’t mean that every confidentiality provision is invalid. Settlement agreements can and often do include confidentiality terms, such as preventing disclosure of the amount of the settlement. But if a provision aims to silence a survivor or witness, there may be serious legal concerns.

Washington law also limits the use of nondisclosure agreements in situations where they interfere with civil discovery and witness testimony(opens in new tab) in some sexual assault and harassment matters.

What does this mean for you? NDAs shouldn’t be used as tools to keep facts out of legal proceedings. If someone is subpoenaed or otherwise required to provide information in a legal process, a confidentiality agreement may not prevent them from cooperating.

Because the rules around confidentiality agreements are specific and nuanced, survivors should not rely on general rules and assumptions when deciding how they want to proceed. Working with a sexual abuse lawyer can help you better understand your options and how much can be done to protect your privacy.

Special rules for postsecondary institutions

There are also Washington-specific laws regarding settlement agreements between postsecondary institutions(opens in new tab) and employees. The basic idea is that schools and institutions should not be able to use confidentiality clauses to hide substantiated findings of employee sexual misconduct or ongoing investigations.

Having said that, privacy for survivors and witnesses is still very important. The law does distinguish between protecting the identity and private information of a survivor and hiding information that could be relevant to student safety or institutional accountability.

This nuance is generally beneficial for students. While they can take steps to protect their own private information, they may feel relieved that their choice to protect themselves does not hide what happened or put other students in the same position.

Confidentiality vs. survivor privacy

While people tend to use these terms as if they mean the same thing, they’re not identical. Confidentiality, when applied broadly, may protect a survivor from having their identity disclosed—but it can also stop them from discussing what happened to them, the defendant’s conduct, or even the existence of the claim. Being unable to discuss what happened to them can put survivors through additional trauma.

On the other hand, survivor privacy focuses on using confidentiality in a way that protects a survivor’s name, identifying details, medical records, and personal history.

A confidentiality agreement that is survivor-focused may provide targeted protection without forcing a survivor to remain silent about a significant and painful experience. This type of agreement may allow the survivor to speak with qualified professionals, loved ones, and support groups so they can heal from what they went through.

Pros and cons of confidentiality

Confidentiality does offer benefits to survivors. An enforceable confidentiality provision may shield them from unwanted public attention, keep private details out of public discussion, and allow them to resolve the case without going to trial.

It also has its drawbacks. Survivors may later feel silenced or stifled by the agreement, or they may feel like they cannot warn others about what they experienced or engage in public advocacy. Unfortunately, confidentiality cuts both ways, and it may protect defendants and negligent institutions. Abuse settlements that remain secret may keep other survivors from knowing that they have options. Dangerous individuals and policies may remain in place.

How the Washington law affects abuse claims

Washington has significantly changed legal options for survivors of childhood sexual abuse. Under state law(opens in new tab), there’s no time limit for qualifying civil claims based on intentional childhood sexual abuse occurring on or after June 6, 2024. If abuse occurred before that date, the statute of limitations can still be complex, depending on when a survivor realized or should have realized a connection between their injuries and their abuse.

This means that survivors should not assume that they have no claim simply because of the amount of time that has passed or because another survivor’s case resolved confidentially. It’s important to talk to an attorney before deciding to move on without pursuing legal action.

Reach out to Smith McBroom Injury and Accident Lawyers now

If you or someone you love has suffered sexual abuse, there may be different ways to seek justice and demand accountability. We’re here to help. Call us or fill out our online contact form to have a team member contact you.