Trey's Law: A Critical Step Forward for Georgia's Abused Children
As an advocate for Georgia's most vulnerable citizens, I understand that justice extends far beyond courtroom verdicts and favorable resolutions of civil cases. True justice means creating systems that prioritize child safety over institutional reputation, transparency over secrecy, and prevention over cover-ups. Trey's Law, a legislative proposal gaining momentum in Georgia, represents a pivotal opportunity to transform how our state handles child sexual abuse and trafficking cases and, potentially, how we protect all abused children.
What Is Trey's Law?
Trey's Law is proposed legislation that would prohibit the use of non-disclosure agreements (NDAs) in civil settlements involving child sexual assault, particularly child sexual abuse and trafficking. Named after a survivor whose story catalyzed this legislative push, the law aims to eliminate one of the most problematic practices in child abuse litigation: the silencing of victims and the concealment of perpetrators through restrictive clauses.
Under current Georgia law, parties in civil litigation can agree to settlement terms that include confidentiality, non-disparagement, and non-disclosure provisions. While NDAs serve legitimate purposes in many commercial contexts, their application in child sexual abuse cases creates dangerous consequences. These agreements typically prevent victims, their families, and their attorneys from disclosing:
The identity of the perpetrator
The identity of institutions that enabled the abuse
The amount of the settlement
The facts and circumstances of the abuse
Information about prior complaints or incidents
Trey's Law would make such confidentiality provisions void and unenforceable when the underlying claim involves child sexual abuse. The legislation recognizes a fundamental principle: protecting children from predators must take precedence over protecting institutions from embarrassment or financial exposure.
The Origin and Spread of Trey's Law
The movement behind Trey's Law stems from the courageous advocacy of Trey Carlock’s family and his older sister, Elizabeth Carlock Phillips. Trey Carlock was a young boy with promise when he (and others) were groomed and sexually abused by an employee of a popular Christian sports camp. The abuse lasted years as the employee preyed on innocent children like Trey in the camp’s care. As an adult, Trey ultimately sought civil legal action against the camp in relation to the abuse, but he was unable to share his story due to signing a non-disclosure agreement that was forced upon him and others. The restrictive NDAs silenced victims and covered up what the camp knew about abuser and when, along with concealing other important information from the public. Trey died by suicide at the age of 28.
Trey’s sister, Elizabeth Phillips, began speaking to legislators to change the laws surrounding non-disclosure agreements in child sexual abuse cases. Trey’s tragic story and Elizabeth’s efforts sparked a movement of others coming forward about institutional abuse and how NDAs silence victims and protect predators. Elizabeth Phillips continues to be a champion for children and normalizing conversations around preventing child sexual abuse, especially in institutional settings where predators can thrive. You can read more about her organization here: Trey’s Law.
The personal nature of this legislation underscores an important truth: behind every proposed law are real people who have experienced firsthand the harm that secrecy enables. Survivors, family members, advocates, and potential future survivors suffer when secrecy is the norm and backed by the law.
What began as one advocate's mission has evolved into a nationwide movement. Trey's Law has gained significant traction across the United States, with multiple states recognizing that NDAs in child sexual abuse cases prioritize institutional interests over child safety. States that have successfully passed versions of Trey's Law include:
California – A leader in survivor protection laws. California prohibits NDA provisions in settlement agreements with respect to felony sex offenses, child sexual abuse or exploitation of a minor, or acts of sexual assaults against vulnerable adults (e.g., elder, dependents).
Missouri– Enacted comprehensive NDA prohibitions that renders NDAs in child sexual assault disputes void and judicially unenforceable
Tennessee – Passed legislation rendering NDAs in child sexual abuse claims void and unenforceable; ensures personal identifying information related to child sexual abuse victims and victim status will be treated as confidential
Texas – Rendered NDAs void and unenforceable with respect to acts of sexual violence (for both child and adult victims) and applied retroactively to agreements entered before the law’s effective date.
This growing list demonstrates a national recognition that the practice of silencing abuse survivors through legal agreements is dangerous and against the greater good. Each state that passes Trey's Law makes it harder for predators to hide and easier for communities to share information to identify and address systemic failures in child protection.
The success of Trey's Law in multiple states provides Georgia with a roadmap and evidence that these protections are both necessary and achievable. The multistate adoption also creates a powerful momentum: as more states eliminate NDAs in child abuse cases, the pressure increases on remaining states to follow suit.
Governor Kemp's 2025 Address: Elevating Child Protection
During his State of the State address this year, Governor Brian Kemp specifically referenced Trey's Law and signaled executive branch support for this critical reform. Governor Kemp's mention of the legislation demonstrates a growing bipartisan recognition that Georgia must do more to protect children from sexual predators.
The Governor's public endorsement is particularly significant because it moves this issue from advocacy circles into mainstream political discourse. When an influential governor uses the state's most prominent annual address to highlight legislation protecting abused children, it sends a clear message: this is not a peripheral concern but a central priority for Georgia's leadership.
Governor Kemp's support also provides political momentum that could prove decisive in moving Trey's Law through the legislative process. With backing from the executive branch, legislators may feel more confident championing a bill that, while morally clear, could face opposition from defense attorneys, insurance companies, and institutions concerned about liability exposure.
Trey’s Law has recently been introduced by a number of sponsors in the form of House Bill 1187. House Bill 1187 would ban new court settlements that keep abuse victims from speaking freely about their experiences, a change that advocates say will help survivors seek help and make it harder for perpetrators to avoid accountability. It still has a long way to go in order to make it into law. However, Georgia has both a moral obligation and a practical interest in preventing child sexual abuse. Every child who suffers abuse represents not just an individual tragedy but a failure of our protective system, a green light to other would-be perpetrators, and a warning sign of other children at risk.
By joining states like California and Texas in this effort, Georgia has the opportunity to demonstrate national leadership on child protection issues and align itself with the growing consensus that secrecy in abuse cases serves no legitimate public purpose.
Why Non-Disclosure Agreements Are Sought in Child Sexual Abuse Cases
To understand why Trey's Law is necessary, we must examine why NDAs have become so common in child sexual abuse settlements. The motivations are primarily institutional rather than victim-centered.
Protecting Institutional Reputation
Organizations such as schools, churches, youth sports programs, or childcare facilities fear the reputational damage that public disclosure of abuse can cause. An NDA allows an institution to resolve a claim quietly, avoiding news coverage and public scrutiny. This protection of reputation, however, comes at a devastating cost: it allows dangerous patterns to continue unchecked.
Limiting Financial Exposure
When abuse cases remain confidential, institutions avoid the "floodgate effect" of publicity that might encourage other victims to come forward. Defense attorneys often argue that confidentiality protects defendants from frivolous copycat claims, but the reality is that it primarily shields wrongdoers from accountability for serial abuse.
Avoiding Regulatory Consequences
Public disclosure of child abuse can trigger investigations by licensing boards, accreditation bodies, and government agencies. NDAs help institutions avoid this scrutiny, allowing them to maintain their operations without implementing necessary reforms.
Preventing Pattern Evidence
Perhaps most dangerously, NDAs prevent the creation of a documented pattern of abuse. When each settlement is confidential, subsequent victims cannot discover that others have made similar claims against the same perpetrator or institution. This information vacuum makes it harder to prove institutional knowledge or negligence in future cases.
The "Mutual Benefit" Argument
Defendants often frame NDAs as mutually beneficial, arguing that victims want privacy too. While victims certainly deserve control over their stories, research shows that the shame and silence surrounding abuse often causes more harm than disclosure. Moreover, when institutions demand confidentiality as a condition of fair compensation, victims face an impossible choice: financial security for their family or the ability to warn others.
The experience of states that have passed Trey's Law demonstrates that eliminating forced NDAs does not harm victims—rather, it empowers them by removing the burden of enforced silence while still allowing survivors to choose how much they wish to publicly share about their experiences.
Why Georgia’s Version of Trey's Law Should Include All Child Physical Abuse
While Trey's Law currently focuses on child sexual abuse, there is a compelling argument for extending its protections to all forms of child physical abuse. The rationale for banning NDAs applies equally when children suffer non-sexual physical violence.
Pattern Perpetrators Exist Across Abuse Categories
Just as sexual predators often have multiple victims, perpetrators of physical abuse frequently engage in repeated violence. Teachers who physically assault students, coaches who use excessive physical punishment, and caregivers who inflict injuries often have patterns of behavior that NDAs help conceal. A daycare worker who broke a toddler's arm through rough handling may have previously injured other children. If those cases settled with confidentiality clauses, the pattern remains hidden.
Institutional Failures Mirror Those in Sexual Abuse Cases
The systemic failures that enable child sexual abuse are identical to those that allow physical abuse to continue. Inadequate background checks, ignored warning signs, and an entity’s prioritization of reputation over safety can all lead to the physical abuse of children in care. For example, an institution that covers up one coach's physical abuse of athletes is demonstrating the same disregard for child safety as one that conceals sexual abuse.
Physical Abuse Can Be Equally Devastating
While our society has made important strides in recognizing the severe trauma of sexual abuse, we must not create a hierarchy of victimization. Severe physical abuse can cause permanent disability, traumatic brain injury, and lifelong psychological harm. There is a large body of scientific research that indicates the long-term implications of both sexual and non-sexual abuse are similar. Physical abuse, defined as frequently being pushed, grabbed, slapped, or struck hard enough to cause injury or leave marks, is a primary category of Adverse Childhood Experiences (ACEs). ACEs are traumatic events occurring before age 18. ACEs create intense fear and toxic stress, significantly increasing risks for long-term physical, mental, and behavioral health issues, including chronic disease, depression, and developmental concerns. Similar symptoms arise due to child sexual abuse. Children who survive being shaken, beaten, burned, or otherwise physically abused deserve the same transparency protections as survivors of sexual abuse.
The Public Safety Interest Is Identical
The core justification for Trey's Law is public safety: communities need to know about dangerous individuals and failing institutions. This rationale applies with equal force to physical abuse. Parents deciding where to send their children deserve to know if a daycare or school has repeatedly settled physical abuse claims. Youth sports organizations should know if a coach has a history of violently assaulting players.
Preventing a Two-Tier System
If Trey's Law covers only sexual abuse, we risk creating a two-tier system where some abused children receive transparency protections while others remain subject to silencing agreements. This distinction is difficult to justify morally or practically. A child beaten so severely they require hospitalization has suffered grievous harm. Why should their case be subject to an NDA when a sexual abuse case cannot be?
The "Less Severe" Argument Fails
Some might argue that physical abuse, while serious, doesn't carry the same stigma or require the same level of public disclosure as sexual abuse. This argument fails on multiple levels. First, it minimizes the profound harm of physical violence against children. Second, it ignores that many physical abuse cases involve torture-level cruelty. Third, it assumes that public disclosure is about punishment or stigma rather than prevention. Trey's Law is fundamentally about preventing future abuse by ensuring transparency.
Moving Forward: A Comprehensive Approach to Child Protection
As Georgia considers Trey's Law, we have the advantage of learning from states that have already implemented similar legislation. This provides an opportunity to consider whether Georgia's version should be more comprehensive from the outset. While the states that have passed Trey's Law focused on sexual abuse, Georgia could position itself as a leader by recognizing that all forms of severe child abuse deserve the same transparency protections. Expanding Trey's Law to encompass all forms of child physical abuse would position Georgia as a national leader in child protection. It would send an unequivocal message: Georgia will not allow any form of child abuse to be swept under the rug through confidential settlements.
For those of us who represent abused children, Trey's Law represents a critical tool in our broader mission, especially if it is expanded. We know that litigation cannot undo the harm our clients have suffered. But litigation can achieve something vitally important: it can prevent the next child from becoming a victim.
By eliminating NDAs in child abuse cases, Georgia would join the growing movement of states in prioritizing child safety over institutional convenience. We would ensure that dangerous individuals and failing institutions cannot hide behind legal agreements. We would empower survivors, inform communities, and create the transparency necessary for meaningful systemic reform.
The advocacy of survivors like Elizabeth Phillips and the success of Trey's Law in multiple states proves that change is possible. Now it's Georgia's turn to stand up for our children.
As this legislation moves forward, I encourage all Georgians who care about child safety to contact their representatives and voice support for Trey's Law. Better yet, urge them to expand its scope to protect all abused children. You can easily find your representatives’ contact information by entering your address into this portal.