Missouri House reviews bill to ban NDAs in child abuse cases
Non-Disclosure Agreements, more commonly known as 'NDAs', are legal documents that can prevent parties in cases from discussing specifics of the case, such as a settlement amount.
Opponents of the NDAs say they're more used as tools to silence victims from speaking out against their alleged abuser.
'Organizations use these NDAs to silence victims of abuse, and the really sad thing to me about that is healing really only happens in community. When you restrict the survivor's voice and don't allow them to share their experience with other people through things such as non-disclosure agreements that prevents victims of childhood sexual abuse from being able to begin the healing process,' Logan Yandell said.
Yandell is a survivor of child sex abuse and says his abuse happened during his time at Kanakuk Camps in Branson, Missouri in the late 2000s/early 2010s.
Pete Newman, a worker at the time at the camp was convicted for child sex crimes.
Kanakuk has since published a statement online apologizing to victims, those who have come forward and those who may have not, and outlined efforts to ensure abuse doesn't happen at the campgrounds again.
HB 709 was introduced by State Rep. Brian Seitz, who represents Taney County.
'This is not just a bill. It's a thread of hope that survivors can cling to. The subject matter of this legislation is serious. Through no fault of their own, children and or the mentally or medically disabled who may have been abused in the past are often unable to come to terms with what has happened to them, due in part to the misuse of NDAs in civil settlement agreements,' Seitz said. 'In short, these are legal mechanisms created to protect trade secrets, not trauma secrets. In states like Missouri, NDAs are often being misused in civil courts to silence victims of childhood sexual abuse and trafficking.'
Yandell says he's able to speak about his abuse despite currently being under an NDA due to the vagueness of the document.
'Language of mine luckily was vague enough to where it allowed me some opportunity to use my voice where I've seen other ones that literally made it feel like the victims could not talk to a therapist,' Yandell said.
Even though the bill doesn't include language that would impact Yandell and others retroactively, he's still passionate about the effort.
'The language of that bill is not retroactive, so it wouldn't necessarily do anything for me as someone who is currently under an NDA, but what it will do is it will help that the countless generations of survivors that will, you know, unfortunately, have to go through similar experiences that I went through,' Yandell said.
Yandell, like many others who spoke at the committee hearing this week, wants to see this bill passed as fast as possible.
'I would love to see it passed unanimously in the House again and sent over to the Senate and let's put it on the governor's desk. You know, let's give Missouri the opportunity to stand up for victims of child sexual abuse. It's a very bipartisan issue. I think everybody agrees that abuse against children is abhorrent and has no place in our society,' Yandell said. 'I'm very confident that the sponsors of this bill will continue to bring it forward until we actually see this thing signed into law, as it should have been a long time ago.'
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