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Texas House Unanimously Bans NDAs in Sexual Assault Cases

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Symbolic image of justice for survivors of sexual assault in Texas.

News Summary

The Texas House voted 144-0 to ban nondisclosure agreements (NDAs) in cases of sexual assault, aiming to empower survivors to speak out. Named Trey’s Law, this legislation responds to the tragic story of Trey Carlock, who died by suicide after childhood abuse. The bill, supported by lawmakers and public testimonies, seeks to prevent NDAs from silencing victims and sets a potential precedent for future legislation aiding survivors of abuse in Texas.

AUSTIN, Texas – The Texas House voted unanimously on Sunday, with a tally of 144-0, to ban the use of nondisclosure agreements (NDAs) in cases of sexual assault, aggravated sexual assault, human trafficking, and child sexual abuse. Known as Trey’s Law, this landmark legislation aims to empower survivors of such traumatic experiences by allowing them to speak out without the threat of legal repercussions associated with NDAs.

Trey’s Law is named in memory of Trey Carlock, who tragically died by suicide in 2019 after enduring childhood sexual abuse. The bill was primarily sponsored by a coalition of North Texas lawmakers, including Representative Jeff Leach and Senator Angela Paxton. The legislation received significant momentum following compelling public testimonies from individuals who have suffered sexual abuse. Notably, Cindy Clemishire, who accused a prominent church leader of sexual abuse, testified about her refusal to accept a financial settlement that required signing an NDA.

House Speaker Dustin Burrows, known for typically maintaining a neutral stance on legislative matters, unexpectedly cast a supportive vote in favor of this bill, a move that signaled a strong legislative commitment to addressing sexual abuse issues in Texas. The legislation specifically aims to prevent NDAs from being used as tools to silence victims, thus allowing those affected to disclose their experiences freely.

Representative Jeff Leach has described Trey’s Law as one of the most robust laws for sexual abuse survivors across the United States. He and other supporters of the bill have emphasized the critical need to dismantle the legal barriers that NDAs impose on victims, who often feel pressured to remain silent about their abuse in exchange for financial settlements.

The House will need to vote again on Senate Bill 835, the Senate version of Trey’s Law, before it can be sent to Texas Governor Greg Abbott for final approval. This step is crucial as the Senate took up Paxton’s version of the bill instead of the identical proposal previously carried by Leach, which had passed the House without opposition earlier in April.

A spokesperson for Lieutenant Governor Dan Patrick indicated that concerns had been raised over the potential risk of a veto for the bill associated with Leach’s name, contributing to the decision to move forward with Paxton’s version. The issue of NDAs in cases of sexual abuse has been a significant point of contention. Testimony supporting the ban has included various accounts of NDAs being used to cover up abusive actions, thereby perpetuating cycles of silence and victimization.

Throughout the legislative process, Elizabeth Carlock Phillips, the sister of Trey Carlock, also provided testimony, sharing the harrowing experience her brother faced when dealing with a “blood money” settlement linked to his abuse. Her advocacy has been instrumental in shedding light on personal stories that illustrate the broader societal implications of NDAs in abuse cases.

Looking ahead, the vote on Senate Bill 835 is expected to take place shortly after the initial House vote on Sunday. Should it pass, Trey’s Law could set a significant precedent in Texas, creating a safer environment for survivors to speak out against their abusers and seek justice without fearing legal consequences related to signing NDAs.

This legislative advancement reflects a growing recognition of the importance of addressing the challenges faced by sexual abuse survivors, and it represents a step forward in the fight against the systemic issues of silence and complicity surrounding such incidents.

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