Sens. Cruz, Gillibrand Lead Bipartisan Bill to Protect Child Abuse Survivors’ Right to Speak Out

Washington, D.C. -U.S. Sens. Ted Cruz (R-Texas), Kirsten Gillibrand (D-N.Y.), joined by Sens. Katie Britt (R-Ala.), Peter Welch (D-Vt.), Eric Schmitt (R-Mo.), and Amy Klobuchar (D-Minn.) introduced the Terminating Restrictive Enforcement of Youth Settlements (TREY’S Law). The bill voids non-disclosure agreements that would silence survivors of child sexual abuse. The bill is named in honor of Trey Carlock, a beloved citizen of Dallas, Texas, who was silenced by an NDA after enduring a retraumatizing civil litigation process against Kanakuk Ministries. He ultimately died by suicide at age 28.

Sen. Cruz said, “No child who has endured sexual abuse should be forced to carry that horror in silence. 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. I’m grateful to my colleagues for joining me in introducing this bipartisan bill, and I’m committed to seeing it advanced expeditiously.”

Sen. Gillibrand said, “For too long, nondisclosure agreements have been used to silence survivors of child sexual abuse and shield perpetrators from accountability. TREY’S Law would void predatory nondisclosure agreements that prevent the victims of sexual abuse as minors from speaking about their experiences. Survivors deserve the right to tell their stories and hold abusers accountable. I am proud to lead this critical legislation and look forward to getting it across the finish line.”

Sen. Britt said, “The story of Trey Carlock is not only tragic, but preventable. Going through trauma as severe as sexual abuse and grooming as a child is unimaginable enough, but being put into a situation where they are essentially forced into not speaking about that trauma is beyond the pale. Anyone trying to silence survivors of these heinous crimes—through contractual agreements, litigation, or otherwise—is evil. I have long said that I intend to serve in the Senate as a voice for the voiceless, which is why I’m proud to co-lead this legislation and honor Trey’s memory so we can prevent tragedies like this from ever happening again.”

Sen. Welch said, “Survivors of abuse deserve due process and the opportunity to share their stories in their own time. Banning NDAs meant to suppress the voices of abuse victims is a long-overdue step in ensuring survivors can seek accountability. Congress must do everything in its power to support victims of sexual abuse and hold predators accountable for their crimes.”

Sen. Schmitt said, “Childhood sexual abuse is a despicable crime, and no court-enforced nondisclosure agreement should ever force a victim into silence while their abuser escapes scrutiny. This legislation makes clear that nondisclosure agreements cannot override a victim’s right to petition their government and access a court to seek justice. Child abusers should not be able to silence victims with nondisclosure agreements.”

Trey’s sister, Elizabeth Phillips said, “For decades, survivors of child sexual abuse have suffered in the shadows due to the misuse of NDAs in civil settlement agreements, terrified that sharing their story would lead to a lawsuit or other repercussions. TREY’S Law doesn’t just protect future victims; it restores the voices of those silenced by existing NDAs. This bill’s passage will say to every survivor currently living under a gag order: ‘Your voice is yours again. You are free to speak about what happened to you. And what you have to say matters.’ Senator Cruz and Senator Gillibrand’s bill has my full support.”

RAINN Vice President of Public Policy Stefan Turkheimer said, “Perpetrators try to silence child sexual abuse survivors. The justice system shouldn’t do the same thing. TREY’S Law will allow survivors’ voices to be heard and hold abusers accountable, and we at RAINN are proud to support it."

This legislation is supported by the American Association for Justice, Prevent Together – The National Coalition to Prevent Child Sexual Abuse and Exploitation, Protect Our Children, National Children's Alliance, Tim Tebow Foundation, Unsilenced, Joyful Heart Foundation Children's Justice Campaign – Enough Abuse, Zero Abuse Project, Children's Advocacy Centers of Texas, and Rights4Girls.

Click here to read the full bill text.

BACKGROUND:

Trey’s Law prevents the use of non-disclosure agreements (NDAs) to silence survivors of child sexual abuse and trafficking. The bill makes any NDA provision unenforceable if it prohibits or restricts someone from disclosing the sexual abuse of a minor or facts related to that abuse. Importantly, 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 in honor of Trey Carlock, a beloved citizen of Dallas, Texas, who was silenced by such an NDA, retraumatized by a civil litigation process against Kanakuk Ministries, and ultimately committed suicide at age 28. The process was related to crimes committed by Pete Newman, a former director of a Kanakuk Ministries camp for ages 6 to 11 who was convicted of sexual abuse, and who groomed and sexually abused Trey and others.

Trey was required to file civil litigation by the age of 23, due to Texas’s civil statute of limitations for child sexual abuse cases at the time his abuse, which became known through a 2009 criminal investigation. Kanakuk’s settlements with “John Does” like Trey included restrictive NDAs, which silenced victims and concealed what and when Kanakuk knew about abuses.

Before he died by suicide Trey told a therapist, “They will always control me, and I’ll never be free.” His story has sparked a movement of others coming forward about institutional abuse, and survivors continue advocating for NDA reform to prevent victims of childhood sexual abuse or trafficking from being silenced.