I keep hearing about non-disclosure agreements being used in criminal cases.
For example, a guy pays a woman to sign an NDA, so she can’t talk about the sexual assault.
Is this even legal?
Surely criminal law over-rules an NDA?
Surely you can’t just pay someone to shut up your sexual crimes?
Say the police look into it, can they break the NDA open?
@shavixmir saidYour rights are "inalienable." You can choose or agree not to exercise your rights, but you cannot sell or get rid of them. 😆
I keep hearing about non-disclosure agreements being used in criminal cases.
For example, a guy pays a woman to sign an NDA, so she can’t talk about the sexual assault.
Is this even legal?
Surely criminal law over-rules an NDA?
Surely you can’t just pay someone to shut up your sexual crimes?
Say the police look into it, can they break the NDA open?
Gummint cannot punish you for exercising your right, e.g. to free speech no matter what NDAs you have signed because you cannot sign away your rights.
The only thing you can be punished for is breaking a contract, which (if I were the judge) I would resolve by saying you have to give back whatever money you accepted not to talk, etc.
However, a contract that involves criminal activity is automatically invalid and unenforceable - defer to the lawyers on that, but that's my impression.
@shavixmir
"Although corporations have the right to protect confidential information, they cannot interfere with your right to report crimes to law enforcement or regulatory authorities. NDAs that restrict an employee’s right to blow the whistle are non-enforceable, and are often illegal themselves."
https://hbr.org/2024/05/understanding-your-nda-and-when-it-can-be-broken