When survivors of childhood sexual abuse pursue justice in civil court, one of the most common — and most painful — settlement terms is a non-disclosure agreement (NDA). These provisions can restrict what survivors can say about what happened, who enabled it, and how it was handled.
Georgia lawmakers are now advancing a major change. House Bill 1187 — known as “Trey’s Law” — would prohibit settlement agreements that conceal the details of childhood sexual abuse claims. In a significant development, the bill was strengthened during committee hearings to apply retroactively to past NDAs and passed unanimously in committee after amendment.
Below is what Trey’s Law is, why it matters, and what the latest developments could mean for victims and families. If you are in need of legal assistance, contact our Dekalb County, GA sexual assault lawyer today.
What Is Trey’s Law?
House Bill 1187 would make void and unenforceable any contract or settlement provision that has the purpose or effect of concealing the details of a claim of childhood sexual abuse. In other words, agreements that “buy silence” about abuse would violate Georgia public policy.
Importantly, the bill protects the confidentiality of identifying information of victims — meaning survivors’ privacy remains safeguarded even while institutional secrecy is curtailed.
The Retroactivity Debate — And Amendment
One of the most consequential issues surrounding the bill has been whether it would apply to NDAs already signed.
During a recent committee hearing, advocates forcefully questioned why the original version of the bill did not apply retroactively.
“Anyone who doesn’t support Trey’s Law, or waters it down, or prevents it from being passed, or doesn’t want to find a loophole to make it retroactive — my question is, who are you trying to protect and why?” one advocate asked lawmakers.
State Representative Stacey Evans took up that challenge. Early in the hearing, she questioned why the bill did not initially reach past NDAs. By the close of the hearing, after reviewing Texas’ version of Trey’s Law — widely praised as the strongest in the country — Evans explained that Georgia’s contract law is similar and that she had drafted an amendment to make Georgia’s bill apply to existing NDAs.
“I think it would work,” Evans said.
“I just want us to do the best we can,” she added. “This is a committee of learned attorneys … and this would be about the best thing that this committee could do to make sure we are protecting as many victims of childhood sexual assault as possible.”
After discussion with lead sponsor Representative Hong, the amended bill passed unanimously out of committee.
Advocate Elizabeth Phillips later praised the strengthened measure, saying: “We’ll take that as a win!”
If enacted in its amended form, Trey’s Law would not only prevent future NDAs from concealing abuse — it could also free survivors who were silenced years ago.
Why It’s Called “Trey’s Law”
The proposed law is named for Trey Carlock, whose story has been shared publicly in connection with the legislation. His family — especially his sister, Elizabeth Phillips — has advocated for reform after Trey’s experiences with abuse at Kanakuk Camps, and the lasting effects of enforced silence.
Their advocacy has helped center the conversation on accountability, transparency, and survivor empowerment.
Why NDAs In Abuse Cases Can Harm Victims — And The Public
NDAs may be presented as “standard,” but in child sexual abuse matters they can have uniquely damaging consequences.
They can prevent survivors (and sometimes those supporting them) from discussing:
- The identity of offenders
- The role of institutions that enabled or ignored abuse
- The facts and circumstances of what occurred
- Prior complaints or patterns of misconduct
When credible allegations or systemic failures remain hidden, dangerous conduct can continue — particularly in environments responsible for children, such as schools, camps, churches, athletic programs, and youth organizations.
Silence protects systems. Transparency protects children.
Potential Impact for Survivors in Georgia
If Trey’s Law passes in its strengthened form, it could significantly shift the landscape.
More Control for Survivors
Survivors could still choose privacy. The critical difference is that privacy would become a choice — not a condition imposed to resolve a civil case.
Accountability for Institutions
Organizations would no longer be able to rely on confidentiality provisions to shield themselves from public scrutiny. That increased exposure creates stronger incentives to implement meaningful safety practices.
Transparency for Communities
Families deserve to know whether an institution ignored warning signs or quietly settled serious allegations. Transparency can help others come forward and help communities identify unsafe environments.
Freedom from Past Silence
With the retroactive amendment, survivors who signed NDAs years ago under pressure — often while dealing with trauma — may no longer be permanently bound to secrecy.
That is a profound shift.
What Survivors And Families Should Know Right Now
Even while the legislative process continues, several practical points remain important:
- Confidentiality terms can sometimes be negotiated. “Standard” language is not automatically required in abuse cases.
- Do not sign an NDA without legal advice. These provisions can be broad, long-lasting, and deeply restrictive.
- If you have already signed one, do not assume you have no options. Enforceability depends on specific language, circumstances, and evolving public policy — especially if Trey’s Law becomes law in its retroactive form.
We’re Here To Help
At Deitch & Rogers, we believe survivors deserve support, clarity, and control — not coerced silence.
If you have questions about:
- Civil claims after childhood abuse
- Institutional responsibility
- Settlement terms and confidentiality provisions
- Or how Trey’s Law may affect your rights
We are here to help you understand your options and next steps.
Survivors deserve justice. And justice should not require silence.
Deitch & Rogers Trial Attorney Michael D’Antiganc talks with the press about Trey’s Law here: 11Alive News
