Ted Cruz leads bipartisan bill that would void and prohibit confidentiality clauses in child sex abuse cases
US Sen. Ted CruzR-Texas announced Tuesday new invoice It says it will address the problem of misuse of confidentiality agreements in civil cases that cover up child sexual exploitation and trafficking.
The legislation, billed as the Ending Restrictive Enforcement of Youth Settlements, or TREY Act, is a bipartisan agreement led by Cruz and Sen. Kirsten Gillibrand, D-New York, as well as other Republican senators such as Katie Britt of Alabama and Eric Schmitt of Missouri.
The bill makes any NDA provision unenforceable if it prohibits or restricts someone from disclosing the sexual abuse of a minor or facts about that abuse. This protection applies regardless of when the NDA was signed, whether before a dispute arose or as part of a civil settlement agreement.
The bill is named for Trey Carlock, a Dallas man who committed suicide at age 28 following a civil lawsuit against Kanakuk Ministries in Branson, Missouri, bringing back painful memories of sexual abuse. Before he died, Carlock allegedly told a therapist, “They will always control me and I will never be free.”
Cruz said Carlock, along with countless others, was groomed and sexually abused as a child by famed Kanakuk Kamps director Pete Newman. However, Carlock had until age 23 to file a civil lawsuit due to Texas’ statute of limitations on child sexual abuse cases, which he made public through a 2009 criminal investigation. He said Kanakuk forced settlements on the victims, including restrictive confidentiality agreements that concealed what the camp knew about Newman and withholding other important information from the public.
Carlock’s sister, Elizabeth Phillips, said this bill would tell all survivors currently living under confidentiality agreements that their voices belong to them again, that they are free to talk about what happened to them, and that what they have to say matters.
“The TREY Act not only protects future victims, it also gives a voice to those who have been silenced by current nondisclosure agreements,” he said.
Carlock’s case and the fallout that followed gained national attention as other sexual abuse victims began speaking out against non-disclosure agreements, and the movement is now gaining strength among the country’s most senior lawmakers.
“No child who is sexually abused should be forced to bear this horror in silence. Nondisclosure agreements are often used to protect abusers, with incalculable and catastrophic consequences for their victims,” Cruz said. “We owe it to Trey to ensure that victims have the right to speak about their experiences and that contracts are not used to silence survivors.”
Gillibrand said she was proud to lead this critical legislation because for too long, nondisclosure agreements have been used to silence victims of child sexual abuse and protect perpetrators from accountability. He said the TREY Act would override predatory confidentiality agreements and allow underage sexual abuse victims to speak out about their experiences today.
“Survivors deserve the right to tell their stories and hold abusers accountable,” she said.
Texas signed its own version TREY Act It came into force last year. Lawmakers initially focused the legislation on crimes committed against victims of child sexual abuse, but expanded it after hearing testimony that said it should apply to victims of all ages.
Other states, including Missouri, Tennessee, California and Alabama, have passed similar laws. Versions of this legislation have been filed in Oklahoma, Georgia, Louisiana, Kansas, Kentucky and West Virginia.
These measures are supported by the American College of Justice, the National Coalition to Prevent Child Sexual Abuse and Exploitation, the National Children’s Alliance, the Zero Exploitation Project, the Texas Child Advocacy Centers, and the National Network on Rape, Abuse and Incest.
“Perpetrators seek to silence victims of sexual abuse. The justice system should not do the same. The TREY Act will allow victims’ voices to be heard and abusers to be held accountable,” said Stefan Turkheimer, vice president of Public Policy at RAINN.
