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Overview

In 2018, Tennessee became one of the earliest U.S. states to prohibit the use of non-disclosure agreements (NDAs) to conceal details of child sexual abuse. Under Tenn. Code Ann. § 29-34-103, any clause in a settlement agreement that seeks to suppress information about such abuse is void and unenforceable. The law affirms that transparency in abuse cases is a matter of public policy—while also safeguarding the identities of survivors.

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Tennessee’s legislation stands as a clear rejection of the culture of silence that too often surrounds abuse. It protects the public’s right to know and the survivor’s right to speak.

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Key Provisions

• Nullification of Concealment Clauses: Any NDA clause that has the purpose or effect of concealing details related to a claim of child sexual abuse is void and unenforceable.

• Public Policy Priority: The law applies notwithstanding any other statute, confirming that protecting the public and supporting survivors takes precedence over confidentiality arrangements.

• Protection of Survivor Identity: While facts of abuse cannot be concealed, the law ensures the identifying information of survivors remains confidential, striking a balance between transparency and privacy.

 

Influential Figures and Advocacy

Tennessee’s 2018 reform was not driven by a single scandal or advocacy campaign, but by a growing consensus that child protection must override institutional reputation. Legal scholars, survivors, and public interest advocates played a quiet yet persistent role in changing the landscape. Their influence helped shape legislation that now serves as a model for survivor-first legal reform—particularly in how civil settlements are handled.

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While the 2018 bill passed without high-profile controversy, it laid the groundwork for continued conversations about expanding these protections to all forms of sexual violence, not just cases involving minors.

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Current Status

Tenn. Code Ann. § 29-34-103 remains in force and continues to shape how civil settlements are handled in Tennessee. Its provisions are clear: NDAs cannot be used to conceal the truth of child sexual abuse. Survivors retain the right to speak about their experience, and the public has the right to know when abuse has occurred.

 

 As it stands, Tennessee’s 2018 law remains one of the earliest and strongest legislative statements in the U.S. against the concealment of child sexual abuse through private agreements.