Discussion: should the accuser’s name be published?
Dear Readers,
You might know that I have been following Ms. Kay Sorg’s case and written about it for about a year now. I disclosed some new information in the most recent story Hearing of Sorg’s sexual offense case centers on letters, including the names of two witnesses, who used to be students at Albany schools.
But I didn’t include the name of the accuser and the first name of her father. The attorneys of the case concealed the names in their court papers. However, I’ve got them through research of public records.
I am not sure whether it’s proper to publish the name or not. I’ve consulted lawyers who told me that it’s legal to publish the names. And my journalism ethics professor said that he thought it proper to publish the name, since the accuser is no longer a minor. (She should be around 30 now.)
I’d like to know how you feel about it, and whether you think it appropriate to publish their names, and then make a decision. Please write down your response below or email it to linjun9913@berkeley.edu.
I appreciate your time and thoughts.
Best regards,
Linda (Linjun) Fan
As a former editor of the Cougar with a great interest in law, I have researched quite a deal of lible law and press law in general. As a philosophy major, I also have quite an interest in ethics. Legally, you can print the name. Ethically, not only can you print the name, but you should.
So sad that this grown up has decided to clarify her own sexual concerns in public with this accusation against Ms. Sorg.
Hi Mac,
Can you explain why you think the name should be published? Thanks!
What is wrong with people these days? Ethically, you should have enough respect to understand that absolutely no one here knows what the accuser has gone through or want personal turmoil she has endured to come forward. What if this was your sister? or girlfriend? or wife? Did anyone read that she is not asking for money, not asking for jail time. Rather, perhaps there is some credence to the notion she had reached a place in her life where she felt the need to protect other children from his pedophile.
And what is gained from printing the names of the witnesses and victim? So people who have no involvement in this case can pass judgment anonymously on the internet? Ridiculous.
I agree with appalled. There is nothing to gain from publicizing the victim’s name, and in the big picture a lot to loose. There are reasons why we protect the identities of victims.
Just let the justice system do it’s thing. It might not be perfect, but it’s a lot better than a bunch of people throwing mud on the internet.
I can think of two good reasons why the name should remain anonymous:
1. Publicizing that name will make it less likely for other victims to come forward in the future.
2. It may lead to attacks against the victim.
Now, you may argue that Ms. Sorg as suffered as a result of her name being made public. But that’s really not an argument to reveal the vicitm, it’s an argument to protect the names of the accused. There is no balancing of the scales of justice to be achieved by adding a wrong to the wrong Ms. Sorg claims.
And one more thing: you’d better be really sure you are right, and perhaps you should even be sure Ms. Sorg is innocent. Otherwise, you’ll be adding to the suffering of an innocent victim. If you eventually come to believe Ms. Sorg is innocent (and that’s very different from a legal finding of “not guilty”), consider publishing the name at that time. If the victim is around 30, she’s got plenty of life left for you to wreck — which is what you’d be doing, for what reason I still can’t figure out.
Ms. Fan,
Perhaps you don’t realize this, but the town of Albany is quite small and there is only one family that bears the surname you mentioned. By publishing the name of the victim’s father, you effectively identified the victim despite the fact that she is protected statutorily. The law is there for a reason: to give courage to an individual to come forward without fear of stigma. Regardless of intent, your identification is another form of assault in a small town that knows everyone from kindergarten through almost the end of their lives (even when they move away).
The victim’s family ought to examine their libel grounds–and the J-School should make sure that you understand the context and implications of what you publish (whether by blog or in hard copy) before you do so.
I am writing to urge you not to publish the name of the plaintiff in the Sorg case. There are good reasons for California’s laws protecting those who bring sexual assault cases to court (as well as the rule about extending the statute of limitations in the case of sexual abuse of minors). The vitriolic responses of some of the commenters on your blog should give you some indication of what the plaintiff will have to endure if her identity is published. I am a professional editor and writer myself, so I understand the complexities of your journalistic responsibility to the public as well as the subjects you cover. By publishing her father’s last name, you have already made it possible for members of the public to find her in public records just as you did. It would be deeply irresponsible of you to encourage your readers any further in their attempt to make this a trial by public opinion of the victim of the alleged abuse.
what is wrong with you? it is of no use to anyone for you to release the name of the victim. what good does that do for anyone other than create unnecessary harm and stress to the victim.
How idiotic. You are clearly someone who has never been a victim yourself. Otherwise, you might be slightly more human and relate to what people in such situations go through.
Linjun,
I dated a woman many years ago who had been raped by a family friend 20 years before. She had many really bad problems in her life as a result.
What most news organizations do is not publish so that other woman can feel free to come forward when something like this happens to them. I would instead report your J-Prof to the head of the department and also some woman’s organization on campus.
Linjun, if you publish my name then my children will find out who the woman is and …. it goes down hill.
Linjun, I read all the news fit to print on all local and national websites. However, if you publish her name or mine I will never read anything you print again.
None of the above is a reflection on whether I believe this case, Sorg, or not by the way.
Sincerely,
No name
Linjun,
Please do not publish the other students names, this is a small community and others will figure out who the student was. Could you pull their names off?
Sincerely,
No name
To “Appalled”, “Pseudonym”, “Deeply Disappointed”, “Repulsed” ,”Poorly Written” and “No Name”,
I wish you could tell us your real names if you are real residents of Albany. I wish you were not a single person who made the above comments under different names, as what happened before on another story on Ms. Sorg’s case. When a person uses a pseudonym to express his opinion, there is an inherent danger: he can make attacks and false accusations without taking responsibility for them.
And that rings true with Ms. Sorg’s case. The accuser could be a victim, or she could be making false accusations. The danger of not publishing her name is that she could just walk away from it if it’s a false accusation, while a teacher’s life is turned upside down in a legal marathon.
I am seeking reasonable opinions from the community on the issue, but you are attacking me before I even publish the name. This is not a good way to contribute to a meaningful discussion.
Linda (Linjun) Fan
No reputable news organization publishes the names of victims of sex crimes, no matter how old they are, unless the victims go public themselves. I am not sure what “journalism professor” you consulted but they should probably consult the ethical guidelines in use by every major newspaper, magazine and television network before giving you such terrible advice.
Linda, you did publish the surname, which, in this town, and in this day and age, is the same thing. You’re obviously feeling defensive, since you did such a poorly thought-out thing and am now paying the price. If you don’t want anonymity, then delete all the vitriolic anonymous responses, too. Please, no double standard now that you are under attack… You certainly didn’t protect the victim when she was.
Dear Ms Fan and everyone else:
Unlike other cowards who left the comments without real names, I want to be clear that this is my real name and I am a senior from Albany High School.
The fact that only the defendant name is published but not the plaintiff is very unfair to the teacher. I do understand that it is difficult to tell a sad story that happened, but there are two points I would like to make:
1) The victim (but not officially declared yet) is no longer a minor. Besides, the victim had chose to sue the defendant after many years later shows that the victim had decided that she is ready to tell her story and her name. Otherwise, why did the plaintiff decided to sue the teacher after so many years but not when the incident happend? Money maybe?
2) If the victim’s name is not published, then me too can file a suit agaisnt anybody without taking any responsabilities. Plus again, since the teacher’s name is published, then the plaintiff’s name should be published.
Please feel free to leave any comments (with your real names) about my discussion.
Keng Lam
PS: I am the news section editor for the high school newspaper.
Lam,
First rule of journalism, know your facts. This is not a civil lawsuit brought by the victim. Rather, the former superintendent of the school district contacted the DA, not the victim. Law 101, out of her hands once the DA decides case has merit. Imagine it is hard to believe at your age that one of your most celebrated and trusted teachers has been acussed of such an unspeakable crime – just think how the victim felt when the Sorgie took advantage.
If you’re a news editor, you may want to consider a different career. Not only are you grammatically incorrect, you’ve got your facts wrong. The victim approached the school district and asked Ms. Sorg to retire, making it explicitly clear that she did not want the press or police involved. The school district went to the police, as they probably should have. Once it became clear that Ms. Sorg would not retire, the victim had no choice but to cooperate with the police. The Albany police conducted an investigation, and found enough to ask a judge for a warrant. An Alameda county judge found enough cause to arrest Ms. Sorg and search her home and classroom. The police investigation, including whatever was found at her house (pictures of the victim, etc) were enough to convince an Alameda county prosecuting district attorney to press felony charges on Ms. Sorg. The district attorney is prosecuting Kay Sorg on behalf of the state of California, not the victim. The victim has asked the state to remain anonymous and that has been granted. In all legal documents and reports in this case, the victim is Jane Doe.
This is a CRIMINAL case, and it is Sorg vs. The State. If she is found guilty, she is facing jail time, probation, etc. There is no money involved. You are erroneously thinking the victim has sued Sorg in a CIVIL court, for damages. No such suit has been filed.
When the burden of proof has been fufilled for an arrest, the defedant’s name becomes public. The name of the victim, if a minor AT THE TIME OF THE CRIME, remains anonymous. If this doesn’t seem fair to you, I suggest taking defendants’ rights up as a cause, rather than attack the rights of victims. I would also suggest a basic law class.
For Solice: you still did not answer the question why the victim decided to do tell what happened after all these years? Besides, how can you guaranteed that the victim will not file a civil court case?
For josephine: same above comment. In additiom did you just release the victim’s name? Then you can’t argue that I am attacking the rights of the victim. I do not usually attack people, but you are very unfriendly towards the writer of this story and me. May I recommend you to take a anger-management class?
One more thing: I would have my greatest sympathy toward the victim if this case was filed a long time ago.
Linjun,
No name here. I thought when I filled this form out that you could see my e-mail address. If so you do know me. However, because someone could get hurt because of my comments I do not want my real name released. If you can not see my name then please post another comment and I will e-mail you as long as you agree publicly to never release my name as I do not want my ex-gf to get hurt.
It is beside the point whether people live in A, B, K or EC.
Have you removed the names yet? That should have been done already.
In this case follow what other newspapers are doing, find out from them why, like one great comment above says.
No name
Keng Lam: It is very common that a victim of such a crime comes forward much later in life, often after much psychological difficulty and coming to grips with what happened to them. Because this is common, as KB says above, the law for statute of limitations is different for sexual abuse of minors.
I wanted to say to Ms. Fan that by publishing Jane Doe’s name, you would not only be disregarding a court of law’s decision to respect her anonymity, you would doubtless be causing undue stress and pain to someone who has already gone through a tremendous amount of trouble. Put yourself into another person’s shoes for a moment and try to comprehend the difficulty she and her family have already suffered and how publicizing her name against her will would add to that. And if you can’t put yourself in another person’s shoes, at least reconsider on the grounds of what kind of message you may be sending to other people that have suffered under similar circumstances: that coming forward and speaking out is something that will be punished. Is this the kind of message you wish to convey? To publish her name would not only be irresponsible and pointless, it would be completely unethical and cruel.
Definitely do not publish the name of the accuser. Yes it may seem unfair that Mrs. Sorg’s name is out there and not the victim, but Sorg had the opportunity to proceed on this matter without attention and she chose otherwise. The victim on the otherhand didn’t want any of this. Best thing to do Linda is report on the next court date and leave the private details out.
I can think of no purpose that naming the accuser would serve that could possibly outweigh the damage that would be done to the accuser. Do you have any idea how much courage and strength it takes to come forward in a situation like this? Do you have any idea of the emotional toll this process has already taken on the accuser? I beg you, out of compassion and respect, please do not further victimize this person.
If you worked at any major newspaper across this nation your “dilemma” would be no such thing. Newspapers of record in the US have made a clear call on the ethics of printing a victim’s name: they simply do not do it, for a host of reasons, many of which are outlined in the comments above. The questions you really must ask yourself is, what purpose does revealing the name of the accuser actually serve? There are no facts that are made more evident by revealing this information; in essence, then, you are looking to unmask this person’s identity out of your own sense of what “justice” entails. If that is your goal, then a career in the legal profession is what you should pursue–the role of a journalist is neither to define justice nor take sides in criminal matters. The job of a journalist is to report the facts, plain and simple–all of which you can clearly do without revealing the name of the victim. There are a thousands moments every day when we, as journalists, must take our own ideology out of the picture in reporting the story. For you, this is one of them. It may not be easy, but if a career in the Fourth Estate is what you’re after, it’s essential that you learn to make the distinction between reporting the news and trying to BE it.
I do not feel that it is right to publish the victim’s name for a host of reasons, most of them very personal. However, the most important reason would be, it provides nothing at all to your report. This victim, that “is around 30″ now has been through enough and does not need to be identified.
Also, publishing a name could possibly discourage others from coming forward with their stories. As a journalist, I feel you can cover the story and be true to the integrity of journalism without causing any more hurt to this victim, the family and the school system. Use your pen to educate your readers on sexual offenders, on how victims can come forward and what resources are out there to help them. Don’t use your pen to sensationalize your story. It would be an injustice to the victim and to journalism.
Ms. Fan, the previous few posters have expressed my POV most eloquently – leave the name of the victim out of this story. As JM suggests, instead you should educate others about why victims come forward years later – because as adults, they now have perspective and wisdom about the inappropriateness of such sexual contact and they want to prevent it from happening to others.
Naming the victim in this story does no good; naming sources of assistance and support to victims of sexual abuse could do plenty of good.
Many posters here continually refer to the accuser as the “victim.” Has there been a verdict yet? If the accuser is indeed a victim, well so is Kay Sorg. Her career and her husband’s career have been destroyed, Kay has aleady been judged guity by the media, and apparently by many townspeople (not just the person who feels the need to post under multiple names). Until she’s been found guilty as charged, get off her back!
I encourage those who are upset about this to separate your own emotions, the uncertainty of the events the case is based on, the reasons for accuser anonymity, and the reasons the identity of the accused is known. These are separate topics and need to be treated separately. As several people have pointed out, it makes sense for the accuser to have the option of remaining anonymous because of the difficulty and possible danger of revealing their name in connection with being sexually violated as a child. That has absolutely nothing to do with whether Ms. Sorg did what she was accused of doing, or how anyone feels about it or what anyone believes happened. Part of the nature of being accused and tried of a crime in our system is that you do not have the option of anonymity. That also has nothing to do with whether or not Ms. Sorg did what she was accused of doing or how anyone feels about it. In other words, her identity is known to everyone not because “she deserves it” but because she is in the unfortunate position of being accused of a dread taboo. Thank you, Ms. Fan, for removing the names, and thank you especially to those commentators who expressed their opinions without also unleashing insults against Ms. Sorg, Ms. Fan, the anonymous parties, and each other.
This post is awesome, nice work!
you are professional.