Non-disclosure agreements are routine in the legal process, and asking for one during settlement negotiations isn’t uncommon. But some argue they do more harm than good in certain situations, and legislators nationwide are mobilizing to change the current rules.
The Florida Senate unanimously passed a bill last month that would prevent institutions from requiring survivors of child sex abuse to sign non-disclosure agreements (NDAs) during settlement discussions. Florida joins a growing list of states that have focused on similar legislation. Missouri and Texas both passed anti-NDA laws last summer, and federal lawmakers have introduced similar bills.
The Story Behind Trey's Law
Trey’s Law is named after Trey Carlock, a Texas man who endured abuse from a camp director for over a decade. Pete Newman was eventually ordered to serve two life sentences plus 30 years after others came forward to say they were also abused. By some estimates, he abused nearly 60 children. Carlock received a civil settlement from Kanakuk Ministries that included a non-disclosure agreement preventing him from publicly discussing what happened. In 2019, Carlock died by suicide at age 28. In response, his family mounted an advocacy campaign to end the use of NDAs in childhood sex abuse cases.
Kanakuk Ministries, the organization that Carlock sued, has faced multiple sexual abuse civil lawsuits alleging that it failed to keep campers safe. In 2018, one former Missouri camper was awarded $20 million by a judge.
Litigation filed last year against Kanakuk centers on whether the institution can be held liable if officials knew children were being abused before firing the director. One survivor-led website says the nonprofit received complaints as early as 1999 and chose to keep Newman on staff for years, allowing him to abuse even more campers.
Institutions have a duty of care to provide a safe environment for the people they serve. In some settings, organizational leaders are mandatory reporters who are legally required to notify authorities when they suspect abuse. When warning signs are ignored or reports are not made, abuse can continue for years before coming to light.
Those concerns have fueled criticism of confidentiality agreements in child sex abuse settlements, with advocates arguing that secrecy can make it harder to identify patterns of misconduct and hold organizations accountable.
What Is a Non-Disclosure Agreement (NDA)?
A non-disclosure agreement (NDA) is a contract that governs who may access certain information and what may be shared publicly. NDAs are commonly used in negotiations, hiring processes, mergers and acquisitions, and the legal system. They can be beneficial for a few reasons. Having a legally binding agreement can help protect sensitive information, and an NDA is one of the most cost-effective ways to do so. It clearly outlines what can’t be shared and provides a path forward in the event of a breach of confidentiality. These documents have a place in both business and legal settings, but the benefits become murky when considering sexual abuse cases.
Stipulating that a survivor can receive a settlement only if they sign a confidentiality agreement can have lasting consequences. Critics argue that these provisions can limit a survivor's ability to speak openly about their experience and share information that could help protect others.
In settings where organizations have a duty to protect children and respond to allegations of abuse, concerns about secrecy have fueled growing calls for reform.
“No one should ask an abuse survivor to sign a non-disclosure agreement during settlement proceedings,” said Jessica Pride, founder of The Pride Law Firm. “A survivor who wants to share their story should have the ability to do so.”
How NDAs Can Affect Survivors After Sexual Abuse
Requiring NDAs in child sex abuse cases has documented downsides. Many survivors eventually choose to reclaim their stories as part of the healing process, whether by confiding in loved ones, participating in advocacy efforts, or speaking publicly about what happened. When a settlement is conditioned on confidentiality, survivors may feel pressured to remain silent about one of the most significant experiences of their lives. This can undermine a person's sense of agency and make recovery more difficult.
Some survivors have also expressed concerns that confidentiality agreements can prevent them from warning others about potentially dangerous individuals or environments. Organizations, including the American Civil Liberties Union, have opposed the use of NDAs in sexual assault cases, arguing that secrecy can protect institutions and perpetrators from public accountability. Supporters of reform contend that when abuse allegations remain hidden, other victims may be less likely to recognize patterns of misconduct or come forward with their own experiences.
Those concerns have helped fuel a growing legislative movement aimed at restricting NDAs in child sex abuse settlements. In recent years, lawmakers across the country have increasingly questioned whether confidentiality agreements serve the interests of survivors or primarily protect the organizations negotiating them.
States and Federal Lawmakers Push to Restrict NDAs
Bipartisan versions of Trey’s Law are in the works in the federal government. In April, U.S. Representatives Julie Johnson (D-TX) and Brandon Gill (R-TX) introduced legislation that would prohibit anyone from requiring a child sex abuse survivor to sign a confidentiality agreement during settlement negotiations. The Senate passed a similar bill introduced by Kirsten Gillibrand (D-NY) and Ted Cruz (R-TX) by unanimous consent last month and sent it to the House for a vote. At the state level, legislators across the country are turning their attention to the issue and filing bills that have often passed with little opposition.
At least 14 states have filed or passed comparable measures, according to the Trey’s Law organization, with many of the bills introduced in the past two years. Some states have had laws in place for much longer. In 2016, California passed a law banning NDAs in cases involving many sex offenses, including child sex abuse, and Tennessee enacted something similar in 2018. Florida is the latest state to consider a version of Trey’s Law. The Florida Senate approved the legislation and is awaiting approval from the state House. While it seems to be gaining momentum across the country, there are currently no regulations in most of the U.S., though that will change if federal legislation passes.
Could Existing NDAs Become Unenforceable?
A recent Tennessee court case examined whether the law can be applied retroactively. A woman who signed an NDA after her toddler was allegedly abused during a church service challenged the confidentiality agreement she’d signed while settling with the organization. The court ruled in her favor, allowing her to speak out about what happened even though she’d previously agreed to keep the details confidential. The ruling is significant for anyone who signed a document before their state law was enacted. It could influence future challenges to confidentiality agreements and pave the way for future survivors to share their stories as more states reconsider the role of NDAs in child sex abuse settlements.
