Need To Know
- The Survivor’s Voice Protection Act would make NDAs that prohibit survivors from speaking out about sexual abuse unenforceable.
- The legislation wouldn’t eliminate confidentiality agreements; certain settlement terms could remain confidential.
- Several states and federal laws already limit NDAs involving sexual assault, sexual harassment, or child sexual abuse.
- The bill remains in the House Judiciary Committee, and its legislative path is still undecided.
A new bill would let sexual assault survivors speak publicly, even if they signed nondisclosure agreements (NDAs). Introduced September 16 by Rep. James Comer and four Republican cosponsors, the Survivor’s Voice Protection Act would make certain nondisclosure provisions involving sexual abuse unenforceable.
What Is a Nondisclosure Agreement (NDA)?
A nondisclosure agreement is a contract signed by parties — typically individuals or businesses — agreeing to keep information confidential. These agreements keep sensitive information private and are commonly used across industries, from tech to government to entertainment. Violating an NDA can result in stiff penalties because it’s considered a breach of contract. The financial and legal consequences are often severe, with legal fees often running into the hundreds of thousands of dollars.
While NDAs protect trade secrets and prevent business leaks, they also have a more controversial use. In cases involving sexual abuse, confidentiality agreements have sometimes been included in civil settlements, limiting what survivors can publicly disclose about what happened. The practice has drawn criticism from survivor advocacy groups, which argue that these provisions can silence survivors and keep information about alleged misconduct from becoming public.
In some cases, NDAs can allow predators to move undetected — disgraced film producer Harvey Weinstein reportedly used confidentiality agreements to discourage the women he victimized from coming forward.
“Nondisclosure agreements can make it feel impossible for survivors to speak out,” said Jessica Pride, a nationally recognized sexual assault civil trial lawyer and managing partner of The Pride Law Firm. “They should be free to share their stories without fear of financial or legal penalties.”
What Is the Survivor’s Voice Protection Act?
The House Oversight Committee is currently investigating how the federal government handled the cases of accused sex traffickers Jeffrey Epstein and Ghislaine Maxwell, and a press release from Comer’s office says that the investigation led to the creation of the bill.
The investigation also involves billionaire investor Leon Black, a former business associate of Epstein. On September 16, the House voted to hold Black in contempt of Congress after he failed to comply with subpoenas seeking testimony and nondisclosure agreements related to the Epstein investigation. The committee referred the matter to the Justice Department for possible prosecution. Black has sued the committee, arguing that the subpoenas exceed the committee’s authority.
If the bill becomes law, it could change the way nondisclosure clauses related to sex abuse are handled. Under the bill, a nondisclosure clause would be void and unenforceable to the extent that it prevents a survivor from disclosing the abuse or facts related to it. The protection would also extend to other people making related disclosures in support of a survivor’s right to speak. The provision would apply retroactively, meaning it could affect agreements signed before the legislation became law.
The legislation would also establish a federal definition of grooming behavior and create a duty for certain fiduciaries to report suspected grooming of minors to law enforcement.
Lawmakers aren’t pushing to eliminate nondisclosure agreements in civil cases. The bill would still allow contracts to keep other details confidential, including settlement amounts and payment terms. Instead, it would limit what information an agreement can require the parties to keep confidential. The legislation would apply nationwide and supersede state laws to the extent that they allow nondisclosure provisions prohibited by the federal legislation.
How Can NDAs Affect Sexual Assault Survivors?
Enough Abuse, a nonprofit organization focused on child advocacy, says NDAs can perpetuate child sex abuse by reinforcing “the same message children first heard from their abusers: ‘don’t tell, it’s our little secret.’” Building on that concern, the organization says confidentiality agreements can allow abuse to continue and hinder survivors from holding abusers and the institutions that enabled them publicly accountable.
A Stanford University report based on interviews with 23 people who signed workplace NDAs related to harassment and discrimination found that the agreements affected not only their ability to speak about what happened, but also their careers, finances, and emotional well-being. The report notes that people don’t always realize how much an NDA restricts them from talking about misconduct until it’s too late. They may also face immense pressure to sign a nondisclosure agreement and feel like they have no other option.
“For many survivors, being able to decide when, how, and whether to tell their story is deeply personal,” Pride said. “A settlement can provide important financial support, but survivors should understand exactly what rights they are giving up before agreeing to confidentiality provisions.”
The Survivor’s Voice Protection Act isn’t the first attempt to address NDAs in sexual abuse cases. Trey’s Law is named after Trey Carlock, a Texas man who died by suicide at age 28 after more than a decade of abuse at a summer camp. Carlock signed a nondisclosure agreement as a condition of a civil settlement that forbade him from talking about what happened, which his family said affected his recovery. An advocacy group started by Carlock’s sister aims to ban NDAs in cases related to child sexual abuse, and it’s found success in several states. In that same effort, Comer's proposed bill would take it a step further and forbid these agreements at the federal level in cases involving both children and adults.
What Laws Already Limit NDAs in Sexual Abuse Cases?
Some states have already taken matters into their own hands. For example, California enacted a law in 2018 restricting NDAs that forbid survivors from sharing factual information regarding their assault or harassment. Texas passed a version of Trey’s Law last year that covers both minors and adults affected by sexual abuse. The Texas law applies retroactively, which is similar to the Survivor’s Voice Protection Act, but the California law does not.
A separate federal proposal, TREY'S Law (S.3966), unanimously passed the Senate in May. That legislation is narrower than the Survivor’s Voice Protection Act because it focuses on NDAs involving child sexual abuse and trafficking. It has not yet passed the House. If it passes the House, it would void qualifying NDAs that restrict the disclosure of child sexual abuse. The 2022 Speak Out Act limits pre-dispute gag clauses related to sexual harassment and assault.
Traditionally, survivors of sexual abuse who seek legal action have sometimes faced a difficult choice. They can agree to a settlement and receive financial compensation that will help them recover in the short and long term. Still, it may include provisions that prevent them from ever publicly holding their abusers accountable or being open about their experiences. If they later regret agreeing to stay silent, their options are limited. If passed, the new legislation could give survivors a way to challenge NDA provisions that prevent them from disclosing information about sexual abuse. The bill remains in committee, and its future legislative path is still undecided.
