Michael Delaney Isn’t The First Judicial Nominee To Traumatize Child Sexual Abuse Survivors

Senators quizzed Michael Delaney, President Biden’s nominee for judicial review, about the aggressive tactics he used to victim of child sexual abuse while representing St. Paul’s boarding school. Mr. Delaney asked the court to reveal the identity and pseudonym of a child abuse survivor who sued St. Paul’s. “Jane Doe.” Although Mr. Delaney’s methods are saddening to me, they don’t surprise me.

Stuart A. Raphael is now a Virginia Court of Appeals Judge. He did the same to me in my case against Fairfax County Public Schools (FCPS).

FCPS and its employees were sued by me in 2019 for failing to deal with the sexual abuse that I experienced at 12 years old. My lawsuit is ongoing. I was subjected to gang rapes and violent rapes. This could have been prevented if the school had taken proper action. I was repeatedly violated by my rights because of the school’s inadequate response. Like the St. Paul’s survivor I filed my lawsuit. “Jane Doe” To protect my privacy and safety. 

FCPS’s lawyer, Mr. Raphael attempted to dismiss my case. He argued that pseudonyms violate the Constitution because they allow lawsuits to be filed from “phantoms.”

The arguments of Mr. Raphael may have had wide-reaching implications for survivors from child sexual abuse. He could have won and sexual abuse survivors wouldn’t be able to use pseudonyms again. That would have harmed countless people — pseudonyms can provide the safety and privacy survivors need to seek justice. According to Darkness to Light, 38% of child sex abuse victims are willing to disclose their abuse. Many times, this is due to privacy fears. This is something I have seen firsthand.

It was difficult for me to come forward because I feared my safety. There had been threats to my life in the past. I was 19 years old and a college student about to enter adulthood. I was worried about what it would mean for me to expose the details of my sexual abuse and sensitive information, as well as my identifying factors to anyone who Googled my name. But I knew that I had to hold FCPS responsible so that no child suffers the same abuse. I felt secure enough to take on the institution even though I was using a pseudonym.

I was able to defeat Mr. Raphael. “phantom” argument — the Fourth Circuit Court of Appeals ruled that pseudonyms are constitutional. The precedent now protects survivors’ privacy and safety. It was a victory nonetheless. Mr. Raphael added to my trauma and delayed my case by almost two years — making a mockery of the Eastern District of Virginia’s motto, “Justice delayed is justice denied.”

In fact, Mr. Raphael used a pseudonym to silence me. His legal briefs said so. He said that if he was correct and my case should have been dismissed, because I used a pseudonym to identify myself, then I could not file my lawsuit again because he believed the statute of limitations had already expired. Raphael didn’t object to the pseudonyms given to my perpetrators or school employees. It was not about me being stopped. 

These tactics are why victims do not come forward. They can lead to trauma, delay, and pain.

My case isn’t the first time Mr. Raphael tried silence vulnerable children. In another FCPS case, he claimed that the student who reported her sexual assault didn’t actually get sexually assaulted. He said that the girl was only in discomfort with her attacker’s forceful penetration of their genitals. He argued that handcuffing or caging disabled students didn’t cause any legal injuries in another FCPS case. Mr. Raphael challenged vulnerable children each time.

Nevertheless, Mr. Raphael was appointed by the Virginia General Assembly to be a Court of Appeals Judge. He was appointed almost immediately behind closed doors, without the possibility of public questioning as in the confirmation hearings for federal judge. If there had been a hearing, Mr. Raphael could have presented his record and his lack of judgment to the General Assembly before they voted. It was disturbing to me to hear he would become a judge, after the way he treated me. But I was not allowed to share my experiences.

Chessy Prout is the St. Paul’s survivor. I know she feels frustrated that Michael Delaney could become federal judge. Chessy, I’m glad you are. Sentence About Mr. Delaney’s tactics forcing him to defend himself, which should sink the nomination. I wish that I had the opportunity to share my experience with Virginia General Assembly before it appointed Mr. Raphael as a hasty appointment.

Judges make decisions that have an impact on real people. It is a serious job. People like Delaney or Raphael can’t see the wider impact of their actions. The Senate should deny Mr. Delaney’s nomination and Mr. Raphael should end his current term as a member of the Virginia Court of Appeals.

B.R. B.R.

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