Trey’s Law: Texas Sexual Assault Survivors Win Major Victory Against NDAs

Texas passes groundbreaking legislation protecting sexual assault survivors
from silencing contracts
For too long, predators and their enablers have had a go-to playbook: cut a check, slap on an NDA, and buy a sexual assault survivor’s silence. This toxic practice let abusers walk away with clean reputations while sexual assault survivors and sexual harassment survivors were legally gagged—and future victims remained at risk.
Texas just torched that playbook.
On June 20, Governor Abbott signed Senate Bill 835—Trey’s Law—effective September 1, 2025. The message is crystal clear: any contract trying to silence sexual abuse survivors is void, unenforceable, and against public policy. Those NDAs that once functioned as legal duct tape over sexual assault? They’re worthless now.
Here’s the kicker: this law works backward too. Old NDAs silencing sexual assault survivors can now be challenged in court, and anyone trying to enforce them has to prove they’re valid. Good luck with that.
Why “Trey’s Law”? The Story Behind Texas Sexual Assault Protection
The law honors Trey Carlock, sexually abused at summer camp as a child. Years later, Trey signed an NDA—his own “blood money”—that locked him into silence about his sexual assault. After Trey died by suicide, his family turned their devastating loss into unstoppable advocacy. Now Trey’s name stands for breaking silence, not enforcing it.
The Carlock family’s fight wasn’t just about their son—it was about every sexual assault survivor trapped in legal silence, carrying shame that belonged to their abusers. Their courage turned personal tragedy into systemic change, proving that sometimes the most powerful legal reforms come from the deepest grief.
What’s Protected, What Isn’t for Sexual Assault Cases
Settlement amounts can still stay private. But the truth about sexual abuse? That can’t be hidden anymore. Sexual assault survivors now decide if, when, and how they speak. That’s not just legal change—that’s power returned where it belongs.
The law draws a bright line: financial confidentiality is legitimate business protection. Silencing sexual abuse survivors is institutional complicity. One serves valid interests. The other serves predators.
What Sexual Assault Lawyers Need to Know Right Now
For Sexual Assault Plaintiff Attorneys
Start reviewing your old sexual assault cases immediately. Any client sitting under an NDA about sexual abuse can now speak freely about their experiences. Reach out proactively—they may not know their gag order just became toilet paper. Many sexual assault survivors have been carrying this burden for years, thinking they had no choice.
Also, don’t let opposing counsel slip silence clauses into new sexual assault settlements. They’re void, but catching them early saves everyone time and prevents your client from signing something that looks scary but has no teeth. Use this as leverage—why agree to unenforceable terms?
For Defense Attorneys in Sexual Assault Cases
Stop drafting NDAs around sexual assault disclosures. Seriously. They’re unenforceable and you’re wasting your client’s money while potentially exposing them to bad faith claims. Focus on protecting financial terms, trade secrets, and other legitimately confidential information instead.
If your client insists on trying to silence sexual assault survivors, you need a different client—or they need different expectations. The old “hush money” strategy is dead for sexual assault cases. Help them pivot to actual reputation management through transparency and accountability, not legal intimidation.
For Corporate Counsel Handling Sexual Assault Claims
Audit your existing settlement agreements immediately. Any NDA silencing sexual assault survivors is now a legal liability, not protection. These agreements may actually increase your exposure if survivors decide to speak out and you can’t enforce your supposed protection.
Train your teams that the old playbook is dead—trying to buy silence around sexual assault will backfire spectacularly in the post-Trey’s Law world. Invest in actual prevention programs, proper reporting mechanisms, and cultural change instead of damage control through legal suppression.
For Employment Attorneys Handling Sexual Abuse Cases
Pay special attention to workplace sexual abuse cases. Trey’s Law applies broadly to sexual abuse, which can include workplace incidents. Review your standard settlement templates and remove any language that could be interpreted as silencing sexual abuse survivors about their experiences.
Red Flags in Sexual Assault Cases
Watch for: Opposing parties who don’t seem to know about Trey’s Law yet, attempts to enforce pre-2025 silence provisions in sexual assault cases, any language that tries to work around the law by calling sexual abuse something else, and settlements that bundle legitimate confidentiality with abuse-silencing provisions. The statute is broad, and courts will likely interpret it expansively.
Enforcement reality check: Just because these provisions are void doesn’t mean everyone knows it yet. Some sexual assault survivors may still feel bound by old agreements. Some defendants may still try to enforce them. Education is going to be crucial in the months following the effective date.
The Ripple Effects Are Already Starting for Sexual Assault Law
Other states are watching Texas closely. California, New York, and Illinois have similar bills in committee. The sexual assault legal community is buzzing about whether this creates a patchwork of conflicting laws for national companies or if it signals the beginning of a nationwide shift.
Insurance companies are already scrambling to figure out how this affects coverage for sexual assault claims. Expect policy language changes and coverage disputes as the industry adapts to a world where silence can’t be bought.
Corporate America is taking notice too. Companies that relied on NDAs to manage sexual assault scandals are rethinking their entire approach to crisis management. Some are getting ahead of the curve with voluntary policy changes. Others are digging in their heels, which probably won’t end well.
What This Means for Sexual Assault Survivors
For Sexual Assault Survivors Bound by Old NDAs
You’re free. The contract that may have felt like a life sentence just got commuted. You don’t owe anyone silence about your sexual assault. You don’t owe anyone protection of their reputation at the cost of your truth.
For Sexual Assault Survivors Considering Settlement
You now have leverage you didn’t have before in your sexual assault case. Defendants can’t offer you hush money because hush money doesn’t work anymore for sexual assault settlements. They’ll have to focus on actual financial compensation rather than paying for your silence.
For Sexual Assault Survivors Who Haven’t Come Forward Yet
The legal landscape just shifted in your favor. While the decision to speak out about sexual assault remains deeply personal, the law is no longer stacked against sexual assault survivors.
Why This Matters Beyond Texas Sexual Assault Survivors
We see it constantly in our sexual assault practice: abusers and corporations turning paperwork into weapons. NDAs, arbitration clauses, “confidential settlements”—all designed to patch over institutional rot and protect the wrong people. Trey’s Law rips off a big piece of that protective covering for sexual assault survivors.
This isn’t just legal housekeeping. It’s a cultural earthquake for sexual assault law. When laws protect silence, predators win and institutions learn they can buy their way out of accountability for sexual assault. When laws protect truth, sexual assault survivors win—and so does every potential future victim who benefits from increased transparency and deterrence.
The law also sends a message to other states: Texas isn’t exactly known for progressive legislation, but even they recognized that silencing sexual assault survivors is wrong. If Texas can pass this law protecting sexual assault survivors, any state can.
What Comes Next For Sexual Assault Survivors
Expect legal challenges to Trey’s Law. Defendants with existing NDAs will probably test the law’s retroactive application in sexual assault cases. Insurance companies may fight coverage for sexual assault claims they thought were settled and sealed. Corporate defendants may try to find workarounds or challenge the law’s scope regarding sexual assault survivors.
But here’s the thing: the momentum is clearly moving toward transparency and survivor empowerment for sexual assault survivors. Even if some challenges succeed on technical grounds, the cultural shift is undeniable. Companies that built their sexual assault management strategy on buying silence need to find a new strategy.
Finding a Sexual Assault Lawyer in Texas: What You Need to Know
If you’re a sexual assault survivor in Texas, this law changes everything about your legal options. Whether you’re dealing with workplace sexual assault, campus sexual assault, clergy abuse, medical professional misconduct, or any other form of sexual abuse, you now have legal protections that didn’t exist before.
Understanding Your Legal Rights as a Sexual Assault Survivor
Before Trey’s Law: Sexual assault survivors often faced a cruel choice—accept a settlement with an NDA that legally silenced them forever, or reject compensation and face the emotional and financial toll of prolonged litigation. Many sexual assault attorneys advised clients to take settlements with NDAs because speaking out could result in expensive breach of contract lawsuits.
After Trey’s Law: Sexual assault survivors can now accept financial settlements while retaining their fundamental right to speak about their experiences. This changes the entire dynamic of sexual assault cases in Texas.
What Types of Cases Does Trey’s Law Cover?
Trey’s Law applies broadly to sexual abuse, which includes:
- Workplace Sexual Assault Cases: Including supervisor misconduct and peer assault
- Campus Sexual Assault Cases: Including fraternity incidents, staff misconduct, and peer-to-peer assault
- Institutional Abuse Cases: Churches, youth organizations, sports programs, and other institutions
- Professional Misconduct Cases: Doctors, therapists, teachers, coaches, and other professionals who abuse positions of trust
- Childhood Sexual Abuse Cases: Including claims against schools, camps, and youth programs
- Adult Sexual Assault Cases: Regardless of the relationship between survivor and perpetrator
What to Look for in a Sexual Assault Attorney
Experience with Pre- and Post-Trey’s Law Cases: Your sexual assault lawyer should understand how this law fundamentally changes litigation strategy. They should be able to explain how Trey’s Law affects your specific situation and what new options you have.
Track Record in Sexual Abuse Cases: Look for a sexual assault attorney who has successfully handled cases similar to yours. Ask about their experience with both settlement negotiations and trial work in sexual assault cases.
Understanding of Trauma-Informed Practice: Sexual assault survivors need attorneys who understand the psychological impact of abuse and can work with clients in a way that doesn’t retraumatize them.
Knowledge of Related Laws: A good sexual assault lawyer should understand how Trey’s Law interacts with other Texas laws, including the Civil Practice and Remedies Code, employment discrimination statutes, and Title IX regulations.
Questions to Ask Potential Sexual Assault Lawyers
- “How does Trey’s Law specifically help my case?” Your attorney should be able to explain this clearly and specifically.
- “Have you handled cases like mine before and after Trey’s Law took effect?” You want experience with both the old system and the new protections.
- “What’s your strategy for maximizing both financial recovery and my right to speak out?” The best sexual assault attorneys will see these as complementary, not competing interests.
- “How do you work with trauma survivors?” Look for attorneys who understand that legal proceedings can be retraumatizing and have systems in place to minimize that impact.
- “What’s your fee structure for sexual assault cases?” Many sexual assault lawyers work on contingency, meaning you don’t pay unless you win.
- “Can you help me understand my options if I already signed an NDA before Trey’s Law?” This is crucial—many survivors don’t realize their old agreements are now unenforceable.
Red Flags When Choosing Sexual Assault Legal Representation
Avoid attorneys who:
- Don’t understand Trey’s Law or downplay its importance
- Pressure you to stay quiet even though NDAs are now unenforceable
- Don’t have specific experience with sexual assault cases
- Make promises about outcomes they can’t guarantee
- Don’t seem to understand trauma or treat you dismissively
- Try to discourage you from speaking out when you have the legal right to do so
Understanding the Timeline for Sexual Assault Cases
Statute of Limitations: Texas has specific time limits for filing sexual assault lawsuits. These vary depending on the type of case and when the abuse occurred. Trey’s Law doesn’t change these deadlines, so time may be critical.
Investigation Phase: Your sexual assault attorney will need time to investigate your case, gather evidence, and identify all potential defendants.
Settlement vs. Trial: Most sexual assault cases settle out of court, but with Trey’s Law, you now have more leverage in negotiations because defendants can’t buy your silence.
What to Expect from the Legal Process
Initial Consultation: A good sexual assault lawyer should offer a confidential consultation where they assess your case and explain your options under both state law and Trey’s Law.
Case Development: Your attorney will work to build your case while being mindful of your emotional wellbeing throughout the process.
Settlement Negotiations: With Trey’s Law in effect, these negotiations look very different because defendants can no longer demand silence as part of the deal.
Potential Litigation: If settlement isn’t possible, your sexual assault attorney should be prepared to take your case to trial.
Financial Considerations for Sexual Assault Survivors
Many sexual assault lawyers work on contingency fees, meaning they only get paid if you recover compensation. Under Trey’s Law, you may be able to recover damages for:
- Medical expenses and therapy costs
- Lost wages and career impact
- Pain and suffering
- Punitive damages in some cases
Importantly, you can now recover these damages without sacrificing your right to speak about your experiences.
Resources for Sexual Assault Survivors in Texas
While finding the right legal representation is crucial, you may also need:
- Counseling and therapy services
- Support groups for sexual assault survivors
- Advocacy organizations that can help you understand your rights
- Crisis intervention services if you’re in immediate danger
When looking for a sexual assault attorney, make sure they understand Trey’s Law and how it affects your case. The right sexual assault lawyer will use this new protection to your advantage in settlement negotiations and litigation strategy, while also connecting you with the additional support you may need.
The bottom line: Trey’s Law puts Texas sexual assault survivors back in control and sends a warning shot to every predator hiding behind a contract. Your legal shield just got shattered. The age of consequences has arrived for sexual assault perpetrators.
For too long, the legal system helped powerful people and institutions escape accountability for sexual assault through paperwork and checkbooks. Trey’s Law says that era is over for sexual assault survivors. It’s about time.
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