Capping off a week of testimonials in multiple states regarding proposed legislative changes for civil sexual abuse cases, Kentucky became the latest state to file “Trey’s Law” last week.
Rep. T.J. Roberts filed HB-608, a public safety bill that ends the standard application of nondisclosure agreements in civil sexual abuse, sexual assault and trafficking cases.
T.J. Roberts
The version of Trey’s Law filed in Kentucky applies to victims of all ages and applies retroactively, meaning it makes existing and future NDAs void and unenforceable as a matter of public policy. This is similar to Trey’s Law legislation that passed in Texas last year.
As more states begin proposing similar bills, long-time proponents of the legislation are beginning to call their advocacy a national, survivor-led movement.
“The momentum we are seeing across the country is a clear sign that the days of using NDAs in civil settlements to buy a survivor’s silence are over,” said Elizabeth Phillips, Trey’s older sister and founder of the No More Victims Alliance. “We are grateful to Rep. Roberts’ strong version of this bill in Kentucky, which seeks to end lawful bribery in Kentucky’s civil courts — a practice that only protects sexual predators and the institutions that harbor them.”
Phillips’ late brother, Trey Carlock, is the namesake of “Trey’s Law.”
He was a victim of child sexual abuse at Kanakuk Ministries, a popular summer camp conglomerate based in Southwest Missouri. After serial sex offender and Kanakuk Director Pete Newman was sentenced to three life terms in 2010, Trey pursued justice to hold others involved in his abuse accountable through civil litigation. That retraumatizing civil litigation process ended with a settlement agreement that included a restrictive NDA, barring Trey from ever speaking about his abuse and Kanakuk’s role in it.
At the age of 28, Trey died by suicide after telling a therapist, “They will always control me, and I’ll never be free.”
Survivors, advocates, mental health professionals, subject matter experts and faith leaders have testified in strong support of this public safety legislation. Versions of Trey’s Law passed with unanimous and bipartisan support in Texas and Missouri last year. The Alabama legislature passed a version of the bill Feb. 12, and other versions have been filed this session in Oklahoma, Georgia and Kansas.