US: Silence No More – Trey’s Law is a Watershed Moment for Survivors

Genna Wolinsky, Head Legal Analyst

Genna is a US Legal Analyst who came to McO with a background in plaintiff’s-side litigation and class-action lawsuits. At McO, she focuses on employment, higher education, and sexual abuse cases. She plans to qualify as a US lawyer in the future.

On March 3, 2026, a bipartisan group of U.S. senators led by Ted Cruz and Kirsten Gillibrand introduced the Terminating Restrictive Enforcement of Youth Settlements Law (Trey’s Law) in the U.S. Senate. This federal bill aims to ban and void non-disclosure agreements (NDAs) that silence survivors of childhood sexual abuse (CSA). Trey’s Law is inspired by similar laws passed at the state level.

Trey’s Law seeks to commemorate the life of Trey Carlock, a CSA survivor. As an adult, Trey filed a lawsuit against the organization that was responsible for his abuse. The parties eventually reached a settlement, which forced Trey to agree to an NDA preventing him from speaking openly about his experience. Tragically, the trauma resulting from the abuse coupled with the silencing by the NDA led him to commit suicide in 2019 at the age of 28. Trey’s Law aims to prevent what happened to Trey from happening to others.

What Would this Bill Do?

If enacted, Trey’s Law would end the practice of allowing NDA provisions in settlement agreements to prevent CSA survivors from speaking about their abuse. This restriction would apply to settlement agreements for both publicly filed lawsuits and private pre-litigation disputes. The bill reads, “[s]uch agreements frustrate the investigation and prosecution of Federal crimes, chill cooperation with law enforcement, and function as private mechanisms to obstruct justice.”

NDAs often restrict not only survivors from speaking out, but they also prevent other parties—such as friends or family—from discussing the abuse. This bill would prevent the silencing of both survivors and their loved ones, and create more transparency in an area sorely lacking in it. Importantly, this bill would apply to both future and pre-existing agreements.

What are the Benefits of this Bill?

Aside from creating space for survivors to speak openly and process their experiences, Trey’s Law has several additional benefits.

• Assistance with Other Investigations: One of the greatest barriers to bringing a CSA claim against an organization is showing that it was aware of ongoing abuse or a threat of abuse, and then showing that it failed to take action to prevent it. NDAs have protected perpetrators and affiliated organizations by preventing survivors from discussing their experiences and the threats posed by the abusers. This resulted in survivors being unable to corroborate the experiences of other survivors, which then made it more difficult for another survivor to prove their abuse. And the trend of silencing and gaslighting continued. With Trey’s Law, survivors will be able to assist with investigations on behalf of others, which will likely inspire more survivors to come forward and seek justice.
• Settlement Strategy: Trey’s Law would also remove a massive bargaining chip available to defendants, as confidentiality has historically been a non-negotiable for defendants settling CSA claims. Under the proposed bill, this silencing tool may be unavailable, and defendants may be forced to reckon with public accountability. This bill would nonetheless permit the contents of a settlement agreement to remain confidential, such as the terms of the agreement, the settlement payment amount, etc., which many defendants will likely continue to enforce.
• Previous Loopholes: Trey’s Law closes many loopholes found in previous similar legislation. For example, some states have laws that disallow NDAs in sexual abuse cases only where a claim has already been filed either in court or with an administrative agency. But this does not extend to pre-litigation disputes. Trey’s Law would apply to any CSA settlement agreement, regardless of whether it has been filed or not.
  
  Additionally, some current laws do not apply retroactively, meaning previously signed CSA settlement agreements with confidentiality provisions are still enforceable. Trey’s Law would void and prohibit all confidentiality provisions in existing CSA settlement agreements.
  
  For more information on states with enacted or pending Trey’s Laws, please see this link.

If Trey’s Law passes, it would be a major win for survivors across the country, who will no longer have to make the impossible choice between settling their claims or retaining the freedom to speak about their experiences.