Story highlights Paul Callan: The use of nondisclosure agreements in the Harvey Weinstein story proves why they should be limited in usage

NDAs prevent future victims from learning about the risks they face in offices of employment, writes Callan

Paul Callan is a CNN legal analyst, a former New York homicide prosecutor and currently is counsel at the New York law firm of Edelman & Edelman PC, focusing on wrongful conviction and civil rights cases. Follow him on Twitter @paulcallan. The opinions expressed in this commentary are his own.

(CNN) In the world of sex abuse litigation, some things change and some things never do. Bill Cosby allegedly used Quaaludes and a famous television show to lure young women to his "casting couch." Harvey Weinstein allegedly used his shower, while his aphrodisiac and drug of choice was the promise of Hollywood movie fame. Both men, however, were united in their choice of protective legal shields: the court-sanctioned use of secret nondisclosure settlement agreements (NDAs), which prevented future victims from learning about previous accusations made against the media moguls.

Enforcement of criminal, employment and civil rights laws should be sending a strong message that improper and illegal behavior involving acts of sexual abuse will not be tolerated in a civilized society. And while there are plenty of laws currently on the books to that effect, change has been slower than it should be in this area. The message that these laws provide severe penalties and redress for victims has not been effectively communicated, in part, because NDAs shield the public from the details of negotiated settlements.

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The use of NDAs and Sealing Orders (orders blocking public view of case records) in sex abuse lawsuits and related employment litigation is now widespread. Such agreements have been designed by lawyers to protect the reputations of their clients and to facilitate quick and quiet settlements.

Superficially, these secrecy agreements seem to serve the interests of sex abuse victims, ensuring them financial compensation without the need for trial. Such agreements also protect individuals falsely accused of sexual abuse from having their reputations tarnished in a public trial. The courts encourage such agreements in order to avoid lengthy and contentious trials and to free courtrooms and judicial resources to focus on other matters.

The secret agreements, though, have a significant downside, and recent entertainment industry cases provide a clear demonstration of this. We now know that allegations of sexual abuse or improprieties in the employment setting involving Bill Cosby, Harvey Weinstein, Roger Ailes, Bill O'Reilly and others were initially asserted by alleged victims and publicly reported but then suddenly vanished from public view. While Weinstein has denied nonconsensual behavior, the others have denied the allegations made against them. The matters disappeared because the parties signed NDAs, which are now permitted throughout the United States.

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