Sex Abuse Settlements and the "Re-Victimization" of Confidentiality Agreements

Earlier this year I posed the question “are secret sex abuse settlements unethical?“.
This question was raised in the face of CBC’s reporting that Scouts Canada settled sex abuse claims and that confidentiality was a staple term.  CBC has continued to follow this matter.  Scouts Canada has softened their approach with respect to these settlements and now CBC reports that a historic abuse victim welcomes this development stating It means freedom to speak as I wish — should I choose to speak — or not speak.”

When asked about the consequences of the confidentiality agreement following settlement CBC reports the following quote attributed to the victim of historic abuse In a sense, you are revictimized...You become the isolated person who has to not tell anybody what the most important thing in your life is.”
Given this profound burden I repeat the question, is there any greater good that comes from the enforcement of these confidentiality agreements which outweighs their harm?

Confidentiality Agreements, Scouts Canada, vicarious liability

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ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

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