Confidentiality agreements in sexual abuse settlements make it possible for the abuser to continue to victimize others. Therefore, confidentiality agreements in sexual abuse settlements should be deemed void under the Florida Sunshine in Litigation Act, which voids any court order or private agreement that conceals a “public hazard.” To date, there has been no published court decision on whether a person against whom a sexual abuse claim has been made is a “public hazard.” Nevertheless, Florida courts should interpret the Act to apply in confidential agreements settling sexual abuse claims. Currently, courts perform a balancing test when presented with contracts that may violate public policy. However, this remedy is not adequate to protect the public’s interest in knowing about the settlement of such claims because it includes a fact intensive inquiry that applies on a case by case basis. If the concealment of sexual abuse settlements is not prohibited by the Sunshine in Litigation Act, the Florida legislature should enact a statute prohibiting the concealment of such settlements.
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