End the misuse of NDAs against child sexual abuse and trafficking victims in civil settlement agreements.
"Trey's Law"
"Trey’s Law" seeks to prohibit the use of non-disclosure agreements (NDAs) in civil settlement agreements for child sexual abuse (CSA) victims, allowing survivors to freely tell their stories while exposing predators and the institutions that protect them. Tennessee is currently the only state that has clarified the law on the usage of NDAs for civil child sexual abuse and trafficking cases (HB2823, 2018). As of 2025, "Trey's Law" is filed in Texas and Missouri, click State Laws for more information.
What are NDAs?
- Nondisclosure agreements (NDAs) go by many names, but their general purpose is to serve as a legal mechanism to protect sensitive information.
- Can be a standalone agreement or a clause within a wider settlement contract
- NDAs were created to protect trade secrets, intellectual property and confidential data but have since been misused in civil child sexual abuse and trafficking cases.
- Used in pre- and post-dispute contracts; can be unilateral, bilateral or multilateral.
NDAs in CSA Cases
- NDAs in CSA settlements have become standard practice within the legal and insurance professions, and are currently a lawful form of “hush money”
- Perpetrators and liable institutions use NDAs to prohibit survivors of CSA (minors) from ever speaking about their abuse or discovery in a civil case once it’s settled.
"For guilty perpetrators, NDAs resemble felony expungement statutes."
The Effects
NDAs in CSA settlements:
- Protect perpetrators and negligent institutions
- Conceal abuse and discovery from the public
- Harm children who are unknowingly allowed to interact with bad actors
- Prevent justice and healing for survivors by inhibiting freedom to share their stories
Silence is ending for adult sexual assault survivors.
We MUST give child victims the same rights.
1 in 8 children in the USA are sexually abused [1]
More than 70% of CSA is committed by someone known by the victim [2]
Children abused in the USA take an average of 20 years to disclose their abuse [3]
Many survivors delay disclosure until their 60s, with many never disclosing at all [4]
Language used in NDAs is broad, far-reaching, unclear and confusing [5]
Institutions exploit the broad nature of NDAs to coerce victims and protect perpetrators [6]
Citations
- Finkelhor et al, 2024
- U.S. Department of Justice, 2003
- Halvorsen et al, 2020
- Halvorsen et al, 2020; Easton et al, 2014
- Clayman Institute for Gender Research, Stanford University, 2024
- Clayman Institute for Gender Research, Stanford University, 2024
“Trey’s Law” is currently filed in Texas and Missouri.