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Photo credit: Lake Taneycomo, MO; one of the locations at Kanakuk Camps. Wikipedia.
Texas and Missouri passed new laws recently, restricting the use of nondisclosure agreements (NDAs) in civil sexual abuse settlements, joining a growing movement to prevent the silencing of survivors, Baptist Standard reported.
On May 26, Texas lawmakers gave final approval to the legislation, known as Trey’s Law, which had previously passed both the House and Senate. Missouri’s version of the bill was approved a few weeks earlier, with the House voting in favor on April 22 and the Senate following on April 29. Both laws are named in honor of Trey Carlock, a Texas native who died by suicide in 2019 after enduring childhood sexual abuse and later signing an NDA as part of a settlement with Kanakuk Kamps in Missouri.
While the Missouri legislation focuses on childhood sexual abuse, Texas lawmakers expanded the law to cover abuse against individuals of all ages. Under the new laws, any provision of an NDA that attempts to prevent the disclosure of acts of sexual abuse or facts related to such abuse will be deemed unenforceable.
A plaintiff’s attorney said the legislation provides necessary protections and helps ensure that “survivors of sexual abuse and their families do not have to choose between restorative justice and the right to share their stories.” The law, however, still allows certain NDA provisions to remain enforceable—such as those related to payment amounts and specific settlement terms.
Leaders in both states emphasized that the laws are not intended to eliminate NDAs entirely but to prevent their misuse in silencing survivors and shielding institutions from accountability. A plaintiff’s attorney added that using NDAs to prevent survivors from speaking out “should never be allowed to excuse or conceal abuse.”
Trey’s sister, Elizabeth Carlock Phillips, has been a vocal advocate for the legislation, stating that the NDAs used in her brother’s case contributed to his mental health struggles and eventual suicide. “My heart is full knowing that Trey’s legacy has served others in setting them free from the silencing of NDAs,” she said.
The man who abused Trey, former Kanakuk director Pete Newman, is currently serving multiple life sentences for sexually abusing minors. Civil lawsuits related to the case continue to be filed, with the most recent one filed in April.
With the respective governors’ signatures, Trey’s Law will take effect Aug. 28 in Missouri and Sept. 1 in Texas. Tennessee remains the only other state with a similar law on the books. However, at least a dozen other states have passed narrower measures, especially related to workplace sexual harassment NDAs, and Congress passed the federal Speak Out Act in 2022 to limit the use of NDAs in cases of sexual misconduct.
If you or someone you love has been silenced by an institution after experiencing abuse, you’re not alone. Learn more about your rights and legal options at SurvivorsRights.com/institutional-sexual-abuse.
