Diddy lawyers anonymity

Photo Credit: Denise Jans

The argument over whether Diddy’s accusers can remain anonymous in civil and criminal sex abuse cases heats up as over 13 accusers may have to refile.

As Sean “Diddy” Combs faces numerous sexual assault accusations from anonymous defendants in civil and criminal court, his lawyers argue that such anonymity impedes his right to a fair trial.

In over half of the 27 sexual abuse civil suits filed against Combs, the plaintiffs filed under Jane Doe or John Doe pseudonyms. The defense in his criminal case with charges of racketeering and sex trafficking argues that prosecutors should be forced to reveal the names of the accusers.

“Without clarity from the government, Mr. Combs has no way of knowing which allegations the government is relying on for purposes of the indictment,” his lawyers wrote in a letter to the presiding judge.

Though sexual assault victims have long sought anonymity in court, securing anonymity in civil court can be a challenge. US civil courts are more likely to grant anonymity in sexual assault cases than in other litigation, particularly when minors are involved, but judges still often decide in favor of a defendant’s right to a fair and open trial.

“The norm is that people have to sue under their own name,” said Eugene Volokh, a law professor who studies anonymity in court. “And that’s true even when there’s a very good reason for them not to.”

At least two judges in the Federal District Court in Manhattan have rejected requests from plaintiffs to remain anonymous in lawsuits against Combs. Notably, in similar sexual assault cases against Harvey Weinstein and Kevin Spacey, courts have rejected bids to proceed anonymously. Plaintiffs in both the Weinstein and Spacey cases have decided to withdraw their claims rather than reveal their identities.

But in some cases, courts have taken into account the “mental anguish” plaintiffs say they will experience if forced to reveal their identities to the public. A recent case against actor Cuba Gooding Jr. saw the judge allow the plaintiff to proceed anonymously for three years, before ruling they would have to reveal their identity publicly when the trial began.

“Most of our clients still fear retribution and have conditioned moving forward on anonymity,” said attorney Tony Buzbee, with whom most of the anonymous suits have been filed.

But judges may find that fear of retribution isn’t a solid argument, given that Combs is in custody in a Brooklyn jail awaiting trial next May. Combs and his team have denied any wrongdoing, with his lawyers referring to the lawsuits as “an onslaught of baseless allegations” focused on exacting a payoff.