Senator Ted Cruz of Texas and Senator Kirsten Gillibrand of New York have introduced federal legislation that will ban the use of non-disclosure agreements (NDAs) designed to silence victims or anyone associated with victims of child sexual abuse and trafficking.
Titled the “Terminating Restrictive Enforcement of Youth Settlements,” the bill will, in essence, nationalize “Trey’s Law” — a movement launched by Elizabeth Carlock Phillips, sister of the late Trey Carlock.
Trey, who was sexually abused at a Christian summer camp over the course of many years, had settled with the organization, but was forced to sign an NDA. According to family members, the young man’s trauma was magnified by his forced silence. He reportedly told a therapist, “They will always control me, and I’ll never be free.”
He died by suicide.
“My brother is in heaven,” Elizabeth Phillips has said. “He’s whole and healed. Who’s going to speak for him and for other victims because of these NDAs? If not me, then who?”
“No child who has endured sexual abuse should be forced to carry that horror in silence,” stated Senator Cruz. “Non-disclosure agreements are too often used to protect abusers, with incalculable and catastrophic consequences for their victims. 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.”
In a rare display of bipartisanship, Senator Gillibrand agreed, noting, “Survivors deserve the right to tell their stories and hold abusers accountable.”
Trey’s laws are on the books in California, Missouri, Tennessee, Texas, and Alabama. Efforts to pass similar legislation in other states are underway, including Oklahoma, Georgia, Louisiana, Kansas, Kentucky and West Virginia.
Alabama Senator Katie Britt, who is co-sponsoring the federal legislation, contends this should be an easy and commonsense bill to pass.
Standing with Elizabeth Phillips, Senator Britt shared, “I want us to get this done to honor your brother and to protect children all across the country. If we cannot pass this law quickly, I’m not sure what in the world we’re even doing here.”
If passed, the federal bill would void any previously signed NDA that silenced survivors of sexual abuse in any state. These individuals would be free to not only tell their story — but warn others to watch out for certain people or places. It would exponentially increase accountability and transparency.
As with ongoing efforts with Trey’s Law, Focus on the Family strongly supports the “Terminating Restrictive Enforcement of Youth Settlements” bill. These NDAs have magnified and multiplied the horrific trauma of victims and their families. The bill’s passage will not erase the sin or the suffering, but it does hold the potential to aid in healing and the recovery process.
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