Nondisclosure agreements are abused. We need criminal justice reform before we can fix them

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British media has recently rediscovered the problem of sexual assault victims being legally gagged by nondisclosure agreements. While the practice has persistently remained in American headlines since the New York Times and the New Yorker first broke the allegations against Harvey Weinstein, The Telegraph in the United Kingdom has found themselves at the receiving end of an injunction from an anonymous businessman, preventing the paper from revealing reports of sexual and racial harassment of his staff.

Logically, the relationship between abusers issuing settlements in exchange for silence is reciprocal. But from a broader perspective, it looks disgusting. A wealthy serial abuser can simply pay to play, so to speak. It’s deeply unjust. But so long as our justice system remains broken, sex offenders will continue to get off with civil settlements and slaps on the wrist.

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