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| Andrea Lewis |
Combs faces serious charges of racketeering, sex trafficking and transportation to engage in prostitution. The criminal indictment, which was unsealed on Sept. 29, alleges that Combs and his associates operated a criminal enterprise involving forced labor, kidnapping and obstruction of justice, in addition to the abuse and exploitation of women for profit.
Since November 2023, multiple civil lawsuits have also been filed against Combs, with claims ranging from sexual assault and trafficking to violent physical beatings. Some of these lawsuits, such as those from ex-girlfriend Cassie Ventura and former associate Joi Dickerson-Neal, contain allegations that date back decades, while others, including a federal lawsuit filed by Thalia Graves on Oct. 1, detail more recent allegations.
The fallout from all of this has been swift and extensive. The case provides important lessons for attorneys to take proactive measures to protect the survivor's anonymity and privacy, and to respect the integrity of the case to avoid public scrutiny. Survivors should be able to seek justice in a secure environment, alleviating the fear of exposure and the effect it has on their well-being.
1. Prepare and support the survivor.
As the legal proceedings against Combs continue, the question of how to protect the privacy and confidentiality of these survivors becomes of utmost importance. Preparation should begin long before a case goes public. For survivors involved in high-profile cases, the emotional toll is compounded by relentless public scrutiny. That's why one of the most crucial steps is having a candid conversation with the client at the very beginning to set expectations and create a realistic picture of what lies ahead.
Survivors must be made aware that pursuing justice in such a high-profile case could mean their experiences are scrutinized on television and across social media. These situations are incredibly difficult in private, let alone in the public eye, where the process becomes exponentially more painful. In these initial discussions, attorneys should clearly explain what to expect and stress the importance of boundaries around communication — particularly steering clear of social media and direct engagement with the press. Every detail, even an innocent comment made in a moment of anger or frustration, can end up influencing public perception.
Survivors need to be reassured that their identities will be protected, both through legal statutes and proactive strategies. In states like Florida, laws specifically shield the identities of victims of sexual crimes, and when minors are involved, the protections are even stronger. Knowing that their identities will not be made public offers a measure of relief to many clients as they go about their daily lives, allowing them to continue functioning with some semblance of normalcy.
2. Ensure continued anonymity for the survivor.
As is the case with the Combs plaintiffs, in most jurisdictions, victims of sexual assault can proceed anonymously by using a pseudonym such as "Jane Doe" or by using their initials in legal documents. While tending to this necessity might initially be the priority, it is only the beginning of the broader strategy needed to address their privacy concerns in these cases.
Attorneys must continually monitor case files to ensure that every document — pleadings, exhibits and depositions — adheres to the anonymity protections. Even a minor oversight, such as an unredacted name in a supporting exhibit, can result in exposure that could undermine the survivor's sense of safety and deter others from coming forward.
Attorneys should consider securing a comprehensive court order early in the case that establishes stringent confidentiality protocols in order to mitigate this risk. Such an order might include restrictions on using the survivor's real name during depositions or in court filings. This formalized approach is particularly useful in high-profile cases, where a single misstep can lead to intense media scrutiny.
By having the court explicitly outline the confidentiality measures, attorneys can ensure that all parties are aware of and adhere to these critical protections. In cases that involve minors, it may be worthwhile to request extending these protections to the parents' names, as revealing their identities can unintentionally expose the minor's identity, making it easier for the public or media to piece together who the victim is.
3. Consider seeking protective orders and sealing court files.
In cases involving prominent defendants or highly sensitive allegations, basic anonymity is sometimes insufficient. Protective orders, which limit access to sensitive information during the discovery process, are an essential tool in high-profile cases. These orders can shield a wide range of information, from medical and psychiatric records to evidence of prior trauma, preventing details that could further harm the survivor from becoming public.
Protective orders become particularly relevant when dealing with a high-profile defendant. Even inadvertent leaks or casual disclosures can quickly spiral out of control once the media gets involved. In these instances, attorneys might seek an order sealing the entire court file, a rare but effective measure to prevent the public and the press from accessing any case documents without court approval.
While sealing an entire file is an extraordinary step, it can sometimes be the only way to maintain the survivor's privacy and protect their mental and emotional well-being. A sealed file prevents the public from pulling records off the clerk's website or tracking the progress of the case. However, such measures must be carefully managed, as the media and other interested parties may challenge the sealing on the grounds of public interest.
4. Balance civil and criminal proceedings.
High-profile sexual assault cases, including those relating to Combs, frequently involve parallel civil and criminal proceedings. It is critical that civil attorneys maintain a collaborative relationship with the criminal prosecutor to ensure that any actions taken in the civil case do not inadvertently undermine the criminal prosecution. Mistakes such as making premature public statements or appearing overly focused on financial compensation can damage the credibility of the case and hurt the survivor's chances of achieving justice. Establishing open communication early on significantly strengthens the chances of a successful outcome.
Sharing relevant information, coordinating deposition schedules and properly preparing the survivor before they give sworn testimony ensures that the civil action supports — rather than hinders — the prosecution's efforts. Ultimately, the goal should always be to advocate for the survivor without interfering in the criminal process.
5. Manage media relations.
With a high-profile defendant like Combs, it is inevitable that the media will play a role in shaping public perception of the case. Therefore, attorneys must strategically manage media interactions to protect their client's privacy while ensuring that the narrative remains accurate.
In most cases, it is best for attorneys rather than the survivors themselves to handle all media inquiries.
Taking control of the messaging allows attorneys to frame the story in a way that simultaneously respects the survivor's privacy and protects the integrity of the case. Providing accurate information, addressing false narratives promptly and maintaining a professional tone can prevent speculation from becoming fact in the public's eyes. If misinformation arises, a well-timed response can correct the record without compromising the client's position.
Conclusion
Cases like Combs' have far-reaching implications that extend beyond the individuals involved. They set a precedent — at least in the colloquial sense — for how the legal community approaches issues of confidentiality and privacy in all sensitive or high-profile cases.
Handling these cases correctly is essential not just for the client at hand but for the broader community of survivors, many of whom consider potential public shaming, retaliation or media scrutiny deterrents from coming forward themselves.
By ensuring that survivor privacy is protected and that the legal process remains focused on justice, attorneys can create a safer environment for future survivors to tell their stories. As the legal proceedings against Combs evolve, it is crucial for attorneys to prioritize confidentiality and maintain the delicate balance between public interest and the rights of the individuals involved.
Prioritizing privacy is not just a legal obligation — it's a commitment to helping survivors seek justice without sacrificing their mental health or dignity.
Andrea Lewis is a shareholder at Searcy Denney Scarola Barnhart & Shipley PA.
"Perspectives" is a regular feature written by guest authors on access to justice issues. To pitch article ideas, email expertanalysis@law360.com.
The opinions expressed are those of the author(s) and do not necessarily reflect the views of their employer, its clients, or Portfolio Media Inc., or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.