Tiger Woods, the legendary golfer, has recently been in the news for firing back at his ex-girlfriend Erica Herman after she sought to break their Non-Disclosure Agreement (NDA). The NDA was signed between the two parties after their break up in 2018. Erica Herman had reportedly tried to break the NDA citing the “Marsy’s Law”, which is a California law that provides rights to victims of violent crime.
She had argued that she was a victim of Tiger Woods’ alleged sex crimes during their relationship, and hence, she should be allowed to speak out about it. However, Tiger Woods’ attorneys have strongly denied the allegations and have called them baseless. The Daily Wire reports:
News that Woods and Herman split last fall became public knowledge last week after Herman filed court documents to nullify the NDA she signed when they started dating in 2017. Herman cited the Speak Out Act, which “prohibits the judicial enforceability of a nondisclosure clause or non disparagement clause agreed to before a dispute arises involving sexual assault or sexual harassment in violation of federal, tribal, or state law.’
They have stated that Erica Herman’s attempt to break the NDA is a clear violation of the agreement that she had signed. They have also stated that the Marsy’s Law does not apply in this case as it is not a violent crime case. Woods’ attorneys have further mentioned that the NDA was signed to protect their client’s privacy and reputation, and Herman’s attempt to break it is a breach of trust. The Daily Wire continued:
Herman filed the lawsuit after Woods allegedly kicked her out of the home where the two lived in Hobe Sound, Florida. Herman is seeking $30 million from Woods because she claims they had an “oral tenancy agreement” that allowed her to continue living on the property.
Woods filed court documents on Monday calling Herman “a jilted ex-girlfriend,” according to TMZ.
Woods said that she has no right to have the NDA revoked because she never alleged in any of her court filings that any sexual misconduct occurred. Woods’ legal team says she checked a box that said “NO” in her lawsuit, asking, “does this case involve allegations of sexual abuse.”
This incident has once again brought into focus the issue of NDAs and their enforceability. NDAs are commonly used in the entertainment industry, sports, and other high-profile settings to protect the privacy and reputation of the parties involved. However, they have also been criticized for being used to cover up instances of sexual harassment and assault.
Tiger Woods claims Erica Herman is no victim of sexual abuse … saying in new court documents, obtained by TMZ Sports, she's simply "a jilted ex-girlfriend." https://t.co/JAuXV5ALIr
— TMZ (@TMZ) March 13, 2023
Many advocates have called for the reform of NDAs to ensure that they do not prevent victims from speaking out about their experiences. The Tiger Woods-Erica Herman controversy highlights the complex legal and ethical issues surrounding NDAs. While NDAs can be an effective tool to protect privacy and reputation, they can also be misused to silence victims of sexual harassment and assault. It is important for individuals and organizations to carefully consider the use of NDAs and ensure that they do not infringe on the rights of others.
However, if Herman checked “no” on the box, then it sounds like “game over” as far as any case Herman has to get the NDA removed. Yes, perhaps Tiger pulled a dirty trick to get her out of the house, but if he didn’t break any laws, then he is simply guilty of being sneaky, and that’s not a crime. The Daily Wire continued:
“Ms. Herman’s position is utterly meritless,” Woods says in court documents. “It is a transparent abuse of the judicial process that undermines the purpose of the federal statute and those whom the statute seeks to protect.”
People Magazine reported that sources close to the pro golfer said “Tiger is livid” over Herman’s insinuation that sexual misconduct occurred during their relationship.
Tiger is very likely to win this round, but he also needs to learn from his mistakes. He never has before, but this cautionary tale will hopefully be sufficient.
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