In 2026, nondisclosure agreements (NDAs) can be legal in sexual abuse claims, but their use is increasingly restricted and regulated. Traditionally, they were included in civil settlements to keep allegations, evidence, and settlement terms private.
However, courts generally will not enforce provisions that attempt to prevent someone from reporting a crime, cooperating with law enforcement, or testifying in court. The legality of an NDA depends on its scope and the state where it’s enforced.
The federal Speak Out Act bars the use of NDAs that prevent survivors from speaking out about sexual misconduct in the workplace. Recent state laws have gone even further. Trey’s Law, which has been passed in multiple states, and California’s Silenced No More Act allow survivors to share their experiences publicly.
NDAs are legal tools, but their scope is limited. They cannot be used to block justice or prevent survivors from speaking out about the abuse in legally protected contexts.
Ultimately, survivor voices and public safety take precedence over institutional secrecy. If you or a loved one experienced assault, let your voice be heard — contact Sokolove Law.
How Do NDAs Work with Sexual Assault?
NDAs in sexual assault cases are typically introduced during civil settlements, not criminal proceedings. These contractual agreements limit what one or both parties can publicly share about the allegations, evidence, or resolution of a claim.
NDAs in sexual abuse cases may:
- Attempt to restrict discussion of the abuse, the accused party, or the legal process
- Be offered as part of a civil settlement in exchange for financial compensation
- Be unenforceable or void under state law, especially if child abuse is involved
Historically, defendants, particularly corporations, institutions, or employers, have used NDAs to contain reputational damage by preventing survivors from speaking about what happened.
"Efforts to curb the use of secret settlements gained momentum in the 1980s, with growing public awareness of how confidentiality agreements had kept the public in the dark about environmental or health hazards, such as asbestos."
– Los Angeles Times
While these agreements are often framed as a way to protect privacy, they have functioned as gag orders, isolating survivors and allowing patterns of abuse to remain hidden.
Examples of How NDAs Have Caused Harm
NDAs are commonly categorized as neutral legal tools, but when used in cases involving sexual abuse, they can cause lasting harm. These agreements have been used to keep survivors quiet, protect those in power, and perpetuate abuse.
Nondisclosure agreements can:
- Allow Abuse to Continue: When NDAs suppress information, communities are left unaware of ongoing risks. Schools, churches, and youth organizations that rely on confidentiality agreements can quietly move abusers rather than remove them.
- Protect the Powerful: For decades, former film producer Harvey Weinstein relied on NDAs to continue abusing others. Similarly, settlements involving former USA Gymnastics doctor Larry Nassar included provisions that prevented early public disclosure of abuse and institutional failures, delaying accountability.
- Silence Survivors of Child Sexual Abuse: Survivors or their families may be required to sign an NDA as a condition of receiving compensation, preventing them from speaking about the abuse, the abuser, or the institution involved. This is the same “don’t tell” dynamic used by abusers, reinforcing shame and allowing perpetrators to remain hidden.
Studies have shown that survivors who sign NDAs often report increased isolation, difficulty healing, and fear of legal consequences if they speak. Some also face professional harm, including challenges in finding work due to restrictive clauses.
"I wanted to speak out. And I was reminded — I signed an NDA and not to speak, not to disclose what happened.… I was already down. I was already devastated."
– Employee Impacted by an NDA
Can an NDA Prevent You from Testifying?
In many cases, an NDA cannot legally prevent someone from testifying in court or cooperating with law enforcement in sexual assault cases.
Contracts can't override subpoenas, court orders, or a person’s obligation to tell the truth under oath. Any provision that attempts to block testimony is generally unenforceable.
While some NDAs may try to discourage public discussion or voluntary statements, they typically do not stop a survivor from reporting abuse, participating in a criminal investigation, or testifying in a civil or criminal case if required.
Can You Break an NDA in Court?
Courts generally hold that private contracts cannot be used to conceal wrongdoing or interfere with the justice system. Judges may rule an NDA unenforceable if it conflicts with public policy or state law, especially in cases involving sexual abuse.
In those situations, speaking truthfully in court may not constitute a breach, even if the NDA says otherwise.
Can an NDA Prevent You from Reporting a Crime?
An NDA generally can’t legally stop you from reporting a crime or cooperating with law enforcement. If a contract term is used to silence criminal reporting, it’s often unenforceable.
That said, NDAs can still create confusion and fear, especially for survivors. Many people worry about being sued, losing a settlement, or facing retaliation if they speak up. These concerns can discourage reporting even when the law is on their side.
New Laws Protect Survivors, Encouraging All to Speak Out
New laws in states like California and Missouri reflect a significant shift toward protecting survivors of sexual abuse from being silenced by nondisclosure agreements. At the federal level, lawmakers have also taken steps to limit the power of confidentiality agreements.
Federal Law
In December 2022, Congress passed the Speak Out Act, marking a significant federal intervention in how NDAs are used in cases involving sexual assault and harassment. The law makes nondisclosure clauses agreed to before a dispute involving sexual misconduct in the workplace unenforceable.
By removing the threat of enforcement in these situations, the law empowers survivors to share their experiences without fear of being sued for breaching an agreement they signed before the abuse ever happened.
California
In California, legislative reforms like the Silenced No More Act have largely prohibited confidentiality clauses in settlement agreements that hide factual information about sexual abuse or harassment in the workplace.
However, some school districts continued to include confidentiality provisions in sexual abuse settlements despite these prohibitions. Those clauses often limit what survivors and their lawyers can disclose about the case or settlement details, raising serious concerns.
Missouri
First passed in Missouri, Trey's Law has since been enacted in multiple states. While the specifics may vary, Trey's Law generally voids any existing and future NDA provision that would prohibit a survivor from disclosing sexual abuse or assault, child abuse, or human trafficking in a civil settlement.
Trey Carlock was sexually abused as a child at Kanakuk Kamps in Branson, Missouri and later filed a civil lawsuit. As part of his settlement, he was required to sign an NDA that barred him from publicly discussing what happened.
His family later explained that this inability to speak openly made his recovery significantly harder. In 2019, Trey died by suicide at age 28.
His story became a catalyst for legislative reform: States including Texas and Tennessee have enacted a version of the law, while Alabama and Oklahoma have filed Trey's Law bills.
Sokolove Law: Helping Survivors Take a Stand in All 50 States
At Sokolove Law, our sexual abuse lawyers are here to help survivors feel heard and seek justice wherever they may be in the United States. We firmly believe survivors should be free to speak without fear of legal reprisal — and we'll fight for your rights.
Our team can find the evidence needed to build your case, take a stand on your behalf, and give you a powerful voice in the legal system.
Get a free case review now. There are no upfront or out-of-pocket costs to work with our team, and getting answers to your questions is completely free.
