Texas state Sen. Angela Paxton filed two bills January 17 pertaining to legislation in child sex abuse cases. The legislation comes just days after three similar bills were filed in Missouri by state Rep. Brian Seitz.
In both states, the proposed legislation addresses use of nondisclosure agreements in abuse cases and the privacy rights of survivors who choose to pursue their perpetrators in court.
Angela Paxton
Texas SB-835 proposes that nondisclosure or other confidentiality agreements made related to instances of child sexual abuse be legally unenforceable if they prohibit the survivor or witness who signed the agreement from notifying law enforcement of the crime that occurred or of any relevant facts about the crime (such as the identity of the perpetrator). While the use of nondisclosure and other confidentiality agreements still would be permissible, they would be considered null and void if the agreeing survivor or witness is prevented from sharing pertinent information about the situation with law enforcement.
Formally referred to as “NDA Prohibition for Childhood Sexual Assault,” some supporters of the bill have nicknamed it “Trey’s Law,” referencing Texas-native and survivor of sexual abuse at Kanakuk Kamps Trey Carlock. Although located in Missouri, Kanakuk recruits campers heavily from nearby North Texas.
Carlock died by suicide after a nondisclosure agreement that prohibited him from discussing his abuse at the hands of counselor, Peter Newman, compounded the effects of trauma related to his experiences. There have been 17 reported deaths by suicide related to Newman’s serial abuse of boys and the use of nondisclosure agreements in this case. Kanakuk remains open and continues to fight the cases in court.
The second bill filed, SB-836, introduces additional protections for survivors of child sexual abuse during the process of litigation. The bill would protect survivors by prohibiting public access to material evidence, including visual images, of victims. This includes images or materials discovered during forensic medical examinations.
While relevant evidence such as “invasive visual recordings” still could be used by attorneys working on child sexual abuse cases, and other aspects of the case could be made available to the public, material evidence in the case would remain sealed to protect the privacy of the survivors involved.
Angela Paxton is the wife of Texas Attorney Gen. Ken Paxton. They are members of Prestonwood Baptist Church in Plano, Texas.
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