JAMES P. O'HARA, Magistrate Judge.
When this sexual-harassment case was filed, plaintiff A.M. was a minor. Under Fed. R. Civ. P. 5.2(a)(3), she identified herself only by her initials. Recently, A.M. turned eighteen, thereby becoming an adult in the eyes of the law. She has filed a motion asking that she be allowed to continue pursuing the case under her initials despite her adult status (ECF No. 23). Defendant does not oppose the motion. Because the court finds A.M. has demonstrated exceptional circumstances in which the need for anonymity outweighs the public interest in open court records, the motion is granted.
The following facts come from A.M.'s amended complaint (ECF No. 22). A.M. alleges that during the summer of 2018, when she was 16 years old, she was sexually harassed and abused on an ongoing basis by her superior while working as a seasonal employee for the City of Gardner, Kansas ("the City"). On June 28, 2018, the superior allegedly raped her. As a result of the sexual abuse, A.M. has suffered and continues to suffer severe emotional distress including "anxiety, stress, mental anguish, fear, and humiliation."
Proceeding anonymously is not contemplated by the Federal Rules of Civil Procedure.
Nonetheless, the Tenth Circuit has recognized that there may be cases in which "exceptional circumstances" warrant permitting a party to proceed anonymously.
When a plaintiff seeks to proceed anonymously, the court must "weigh[] the plaintiff's claimed right to privacy against the countervailing public interest."
A.M. asserts that the highly personal and sensitive nature of this action, in which she could be subject to the type of harm litigated against if her identity is revealed, outweighs the general public interest in open litigation. The court agrees.
Without minimizing the importance of maintaining open court proceedings, the court determines the specific and unique facts of this case warrant permitting A.M. to continue in this action under her initials. First, it is highly significant that A.M. was a minor at all times material to the allegations of wrongdoing alleged in the complaint. "Courts grant heightened protection to child victims and have concluded that complaints involving minors are matters of a highly sensitive and personal nature."
Second, A.M. alleges multiple incidents of sexual assault and ultimately rape. These egregious acts that allegedly occurred when she was a minor continue to be highly sensitive and personal in nature even though A.M. is a few months into adulthood.
Third, there is a risk that public disclosure of A.M.'s identity could further the injuries litigated against, including emotional harm. A.M. asserts, and the City does not dispute, that the City of Gardner where she resides and where the alleged acts of wrongdoing occurred has only about 19,000 residents. As noted above, the amended complaint alleges that as a result of the sexual assault, A.M. suffers severe emotional distress including "anxiety, stress, mental anguish, fear, and humiliation."
Finally, the court notes the City would not be prejudiced by A.M. continuing to proceed under her pseudonym in this action because the City already knows her identity.
A.M. has demonstrated that this is an exceptional case in which her interest in anonymity outweighs the public interest in having access to her identity. The sexual assault of a minor involves matters of a highly sensitive and personal nature. The alleged facts of the case demonstrate risks of future psychological harm and repetition of the injury against which plaintiff is litigating. Accordingly, the court grants the motion and allows A.M. to proceed in this case under her initials.
IT IS SO ORDERED.