Sens. Cruz, Gillibrand Lead Senate Passage of TREY’S Law To Protect Child Sexual Assault Victims

WASHINGTON, D.C. - U.S. Sens. Ted Cruz (R-Texas), Kirsten Gillibrand (D-N.Y.), Katie Britt (R-Ala.), Peter Welch (D-Vt.), and Eric Schmitt (R-Mo.) issued statements following the Senate's passage of the Terminating Restrictive Enforcement of Youth Settlements (TREY'S Law). The bipartisan bill voids non-disclosure agreements that would silence survivors of child sexual abuse.

Sen. Cruz said, "Trey's story is not the exception, but the pattern. Non-disclosure agreements are too often used to bury abuse and silence survivors, with incalculable and catastrophic consequences for victims. We will never know how many child victims were silenced by these contracts or how many lives were lost because the law enforced that silence. I am thankful to Senator Gillibrand for helping get TREY'S Law across the finish line in the Senate. I now urge my colleagues in the House to pass this legislation and send it to President Trump's desk to be signed into law."

Sen. Gillibrand said, "For too long, nondisclosure agreements have been used to silence survivors of child sexual abuse and shield perpetrators from accountability. Today, we are one step closer to correcting that injustice and allowing survivors to publicly tell their stories. I am grateful to Sen. Cruz for his partnership and leadership on TREY'S Law and am thrilled that it has now passed the Senate. I urge the House of Representatives to take up this bill and send it to the president's desk as soon as possible."

Sen. Britt said, "I couldn't be prouder to see the unanimous and expeditious Senate passage of TREY's Law. This bipartisan piece of legislation has seen success in states across the nation and now is well on its way to be signed into federal law. I remain committed to continue working with Senator Ted Cruz to get this passed in the House of Representatives and then to President Trump's desk. It's an honor to help lead this legislation on behalf of Trey, Elizabeth, and the entire Carlock family."

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. I'm thankful for the support of the Senate on our bipartisan bill and urge my colleagues in the House to join us in this effort 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."

Elizabeth Phillips, Trey's sister and the founder of No More Victims, said, "The unanimous passage of Trey's Law by the United States Senate today marks a historic turning point in the fight to protect children and survivors' rights. For too long, predators have relied on the cover of NDAs, using institutional secrecy to hide their crimes and bury trauma secrets. By making these clauses void and unenforceable as a matter of federal law, this bipartisan bill prioritizes victims' voices and public safety over a perpetrator's freedom or a liable institution's reputation. Thank you to Senators Cruz and Gillibrand for introducing this legislation, and to our many co-sponsors for their steadfast leadership so that other child sexual abuse victims don't have my little brother's outcome. Today, we got one step closer to seeing truth set free nationwide."

The bill is also cosponsored by U.S. Sens. Amy Klobuchar (D-Minn.), Jeanne Shaheen (D-N.H.), John Cornyn (R-Texas), Josh Hawley (R-Mo.), Marsha Blackburn (R-Tenn.), Dick Durbin (D-Ill.), Lindsey Graham (R-S.C.), Ashley Moody (R-Fla.), Thom Tillis (R-N.C.), John Kennedy (R-La.), Chris Coons (D-Del.), Mazie Hirono (D-Hawaii), Richard Blumenthal (D-Conn.), Alex Padilla (D-Calif.), Cory Booker (D-N.J.), and Chuck Grassley (R-Iowa).

Click here to read more about the bill.

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 an NDA after enduring a retraumatizing civil litigation process against Kanakuk Ministries. He ultimately died by suicide at age 28.

In April, Sen. Cruz spoke in support of TREY'S Law during a Judiciary Committee hearing.