Why the Epstein files were sparking 'incredible fear' among victims

Numerous alleged victims of Jeffrey Epstein pushed for forcing the Justice Department to release its files on the late sex offender. But as the Dec. 19 release deadline approached, some also feared irreversible mistakes in the process could jeopardize their privacy, according to victim lawyers who spoke with USA TODAY.

"I receive telephone calls, emails, text messages, WhatsApp messages from at least five victims every day who are living in incredible fear of what's about to happen," said Florida lawyer Brittany Henderson.

She pointed to victim privacy oversights she says were already made with the release of 20,000 pages of documents by the House Oversight Committee on Nov. 12. The committee said it got the documents from Epstein's estate. More than 30 victims were identified by name, Henderson said.

The transparency law that is forcing the upcoming disclosures empowers the DOJ to protect victims' identities and personal records, as well as shield child sexual abuse material from the public. Attorney General Pam Bondi has repeatedly expressed a commitment to protecting victims.

That commitment is crucial to many who may fear retaliation or harassment, or simply want the abuse they suffered behind them.

"They don't want any connection in their lives with this awful man," said Spencer Kuvin, a lawyer who has represented several alleged Epstein victims since the mid-2000s. "They just want this to be in their past, and they want to forget about it and move on with their lives and get the therapy they need."

Brad Edwards, Henderson's law firm co-partner who shares clients with her, said they have provided information and guidance to the DOJ on releasing all the files while redacting victim names. At this point, he said, the government doesn't have an excuse for mistakes.

"On this first round of releases, hopefully they get it right. If they don't get it right, we're going to make sure that the issue doesn't go away until they get it right," he said.

Edwards and Henderson have sued banks on behalf of victims for allegedly knowingly providing financial services that facilitated sex trafficking for Epstein. Together, they represent more than 200 Epstein victims, including 75 they "have become very close friends with," he said.

The Justice Department didn't respond to USA TODAY's request for comment on its process for making sure victims are fully protected as the expected release approaches.

'I have been unable to mentally and emotionally function or sleep'

The Epstein Files Transparency Act requires the Department of Justice to release its files on Epstein, who was convicted of two Florida prostitution offenses in 2008, one of which involved minors, and died in a Manhattan jail in 2019 while awaiting a sex-trafficking trial.

Although Epstein, a financial investor who rubbed shoulders with the rich and powerful, was only convicted of those two offenses, he is alleged to have committed other crimes.

In the 2000s, law enforcement identified many underage girls – including at least one who was only 14 – whom Epstein allegedly sexually abused. However, Epstein wasn't charged with sex trafficking minors until 2019, a feature of the well-connected financier's case that has helped to fuel public outcry. In a July memo, the Justice Department alleged he harmed more than 1,000 victims.

While Edwards said protecting victims should be easy, that's not what has always happened as government material on Epstein continues to drip out, according to a Nov. 25 letter he and Henderson submitted to a New York federal judge after the House Oversight Committee released 20,000 pages of documents.

"I am beside myself with worry about the current news and the redactions situation," one alleged victim said in a message after the House Oversight release, according to the letter.

The woman, whose name is withheld in the letter, said she clicked on a handwritten page within the released documents that had to do with a massage, where she saw not only her name but also the names of several other victims.

"I have been unable to mentally and emotionally function or sleep," another alleged victim messaged, according to the same letter. "I am trying to see if we have a power to override any decisions for our names not to be exposed."

Fears DOJ will shield people who aren't victims

Alongside those concerns for victim privacy, lawyers also said they worry the DOJ might shield people who were associated with Epstein but weren't victims themselves.

Kuvin told USA TODAY his clients want their privacy protected, but they are more concerned that the DOJ will shield perpetrators.

"What their concerns are is there's going to be an over-redaction in a feigned attempt to argue that they're protecting victims," Kuvin said.

Prosecutors have accused Epstein of paying others, including victims, to recruit other underage girls to be sexually abused by him.

Some alleged co-conspirators of Epstein are now claiming they were victims and want their names redacted, Kuvin said.

"It's absurd, and it should absolutely not be considered," Kuvin said.

The Justice Department is also authorized to withhold information that would jeopardize an ongoing investigation or is classified in the interests of U.S. foreign policy or national defense. Within 15 days of releasing the documents, the department has to summarize its redactions to Congress and explain its legal justification for them.

Given the Trump administration's months-long resistance to releasing the documents, many advocates fear the exceptions within the transparency law could be exploited to shield Epstein associates and even potential trafficking participants or enablers from exposure.

"My fear is that there's actually going to be more harm caused to the victims than there will be transparency with respect to the enablers and other third parties," Henderson said.

"We want this process to work. We want there to be transparency. But I don't want women to be losing sleep or having nightmares about what could possibly happen," she added.

(This story has been updated with new information.)