Overview
Some of the most legally significant proceedings in the Epstein case were not against Epstein himself but against the United States government, brought by two of his victims — known in court filings as Jane Doe #1 and Jane Doe #2 — under the Crime Victims’ Rights Act (CVRA), 18 U.S.C. § 3771.
The Legal Basis
The CVRA provides crime victims with specific rights in federal proceedings, including the right to be notified of proceedings and plea deals, and the right to confer with prosecutors. The victims’ lawsuit alleged that the Southern District of Florida had violated these rights by:
- Negotiating the 2008 NPA without notifying the victims
- Including a provision in the NPA requiring the government to keep it secret from the victims
- Failing to consult with victims before finalizing the agreement
The Legal Proceedings
The CVRA litigation ran for approximately a decade. Federal District Court Judge Kenneth Marra was the presiding judge and issued significant rulings finding that the government had violated the CVRA.
In February 2019 — just months before Epstein’s arrest — Judge Marra issued a ruling holding that the SDFL had violated the CVRA by keeping the NPA secret from victims. This was a landmark ruling validating the victims’ central legal claim.
The Remedy Question
Having found a violation, the court struggled with the question of remedy. The NPA had already been in effect for over a decade. Epstein had completed his sentence. The question of what meaningful remedy could be provided was complex, and the case was ultimately mooted by Epstein’s death.
Legacy
The CVRA litigation established important legal precedents about victims’ rights in NPA negotiations and contributed to subsequent policy discussions about reforming how NPAs are used in cases involving multiple victims.