New laws in several states limiting the use of nondisclosure agreements in sexual assault cases may make the road to accountability and justice easier for victims. Victims who were previously banned from pressing charges against their abusers due to nondisclosure agreements may no longer be subject to those prohibitions.

Nondisclosure Agreement Laws

Since the beginning of 2018, 26 states have introduced bills to restrict the use of nondisclosure agreements in sexual harassment and assault cases, and twelve states have passed laws about using these legal tools. Only one state, New Jersey, has legally negated these types of nondisclosure agreements by making them unenforceable.

Many prolific abusers, including Harvey Weinstein, R. Kelly, and Bill O’Reilly have used a combination of monetary payment and a nondisclosure agreement to cover up allegations of sexual abuse by their victims according to Refinery29.

The laws limiting the scope of these agreements may make it less likely for victims to be bullied into silence by their abusers. According to some victims, having their stories be heard may be just as important as seeking charges.

In addition to the new nondisclosure agreement laws, several states have passed other legislation expanding the rights afforded to victims of abuse and assault. Victims who were sexually abused as children in New Jersey, New York or Pennsylvania may be afforded new protections under recently expanded sexual assault laws in those states.

Child Victims Act and Other Victim Protection Laws

In early 2019, the Child Victims Act was passed in New York state, expanding the prior protections afforded to childhood victims of abuse. According to WKBW Buffalo, victims of childhood assault in New York are now able to file civil lawsuits against their alleged abusers until age 55. This expands the previous time limitation allowing victims to sue until age 23.

Additionally, a one-year look-back window has been created for victims whose claims expired under the previous laws to be able to file lawsuits. This window will allow victims who had previously believed their stories would never be heard to come forward.

In addition to expanding the time period for victims to file lawsuits against their abusers, victims are also now able to sue private and public institutions that allowed or covered up the abuse, including schools, private organizations, and religious organizations.

The New York Times reported that the new changes to these laws have been fought for years by religious organizations, private schools, insurance companies, and other groups. New York Governor Andrew Cuomo blamed the Catholic Church directly for stalling updates to New York’s sexual abuse laws for over a decade.

If you were a victim of childhood sexual abuse by a trusted adult at your school, church, or other organization, these new laws may make it easier for you to seek accountability and compensation.

Even victims who have previously signed nondisclosure agreements may be able to pursue compensation. Hiring an attorney to represent you in your case may make navigating the legal process smoother.

Join a Free Sexual Assault Lawsuit Investigation

If you were a victim of sexual assault by any person in an athletic, school, medical, or employment setting, you are entitled to a free case evaluation to find out your potential remedies and compensation. Fill out the FREE form on this page for more information.

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This article is not legal advice. It is presented
for informational purposes only.