NDAs were created in the 20th century as a way for businesses to guard precious trade secrets. But since the #MeToo era of recent years, NDAs have been seen differently. Sex abuse survivors say these legal contracts are a tool often used by abusers and institutions to hush up victims.
An Ozarks lawmaker agrees with them: Republican Brian Seitz is the state representative for the Branson area. Last week, he told the House Judiciary Committee that "in states like Missouri, NDAs are often being misused in civil courts to silence victims of childhood sexual abuse and trafficking. What should be shouted from the mountaintops — he or she did this to me — is being silenced.”
Earlier in this year’s lawmaking session in Jefferson City, Seitz filed HB 709. It would make nondisclosure agreements between child sex abuse survivors and perpetrators unenforceable when lawsuits are filed in civil courts. The bill must pass both the House and Senate, and be signed by Gov. Mike Kehoe, to become law.
Republican Rudy Veit represents Cole County near Jefferson City. Last week he questioned Seitz about his NDA bill.
Veit: “I want to thank you for bringing this bill forward. And she clearly pointed out, it only has to do with sexual abuse cases, it doesn’t have anything to do with trade secrets?”
Seitz: “No.”
Veit: “So this would prevent a perpetrator who has some evil motives, and some very nasty tendencies of characters to go abuse somebody, get him to sign off, and then continue on his route as a perfectly normal — or as the perfect appearance of a normal person — and for the next person he could claim upon, correct?”
Seitz: “That could happen, yes.”
Veit: “So this bill, at least, if you want to settle a lawsuit, you still can?”
Seitz: “Sure you can.”
Veit: “But you don’t have to keep your mouth shut, but if you want to just talk about it, you can?”
Seitz: “Absolutely, and that’s what this bill ensures.”
Veit: “And talking about it is part of the healing process for some of these children?”
Seitz: “I couldn’t have said it better.”
Nondisclosure agreements have played a significant role in scandal surrounding Kanakuk, a nationally prominent Christian sports camp based near Branson. Camp director Peter Newman was convicted of sexually abusing boys back in 2009, and is now serving two life sentences plus 30 years in Missouri prison. Survivors and advocates allege the camp tried to cover up the abuse, in part by using nondisclosure agreements to keep survivors from telling their stories publicly.
Keith Dygert is a Branson man who says Peter Newman abused him as a child. He sought compensation from Kanakuk. After tough negotiations, Dygert says he signed a nondisclosure agreement to keep the case out of the public eye.
He told the Judiciary Committee,"I was infuriated by the lack of accountability and action Kanakuk was willing to take. I was ready to take things to court to have Kanakuk's crimes publicly displayed. I have been through a lot in my pursuit of justice, and I didn't want to quit feeling as though justice was never accomplished. However, for the sake and sanity of a loved one, and to put an end to the legal process, I decided to settle."
Other survivors and family members testified last week. Logan Yandell is a Tennessee man who says he survived sex abuse at Kanakuk. He submitted written testimony saying in part, “This legislation represents more than a legal amendment; it signifies a commitment to justice and healing for those affected by childhood sexual abuse. It acknowledges the courage required to come forward and ensures that our legal system supports, rather than hinders, that bravery.”
Yandell sued Kanakuk for fraud and civil conspiracy in 2023; a judge in Christian County dismissed the case in January, saying Yandell couldn’t establish his claims. Last week, Yandell filed an appeal.
Gretchen Carlson, a former Fox News host who sued the company CEO over allegations of sexual harassment, also submitted testimony. She wrote, “This vicious cycle of silence has run its course. It's time to give childhood survivors the power to own their own voices and experiences and stop protecting the bad actors. This is an apolitical issue. It's time both sides of the aisle come together to do what's right.”
As KSMU previously reported, Seitz has filed multiple pieces of legislation aimed at addressing child sex abuse. On Feb. 20, an amendment proposed by Seitz passed the Missouri House, tacked onto a bill filed by Ava Republican Matthew Overcast. HB 68 would extend the statute of limitations for child sex abuse survivor lawsuits by 10 years. Survivors would have until they’re age 41 to file a suit against an abuser, or three years after they discovered the injury caused by abuse, whichever is later. Missouri is one of 15 states where reforms to statute of limitations on child sex abuse lawsuits are being considered this year, according to national nonprofit Child USA.
Ozarks Public Radio reached out to Kanakuk officials on Friday requesting an interview with camp owner Joe White or a written statement responding to claims by witnesses at last week’s hearing.
Along with comment on Dygert’s account of his experience negotiating with Kanakuk, Ozarks Public Radio asked for Kanakuk’s perspective on remarks by Elizabeth Carlock Phillips — whose brother died by suicide following alleged abuse at Kanakuk. Carlock Phillips told the House Judiciary Committee that Kanakuk had made shifting denials, admissions and explanations about the camp’s use of NDAs.
Amarillo, Texas resident Joe Alarcon also testified before the House Judiciary Committee, claiming he received “nothing but lies” from camp officials when trying to address sexual abuse reported by his son, Ashton. KSMU also sought comment on these aspects of Wednesday’s hearing.
The radio station did not immediately receive a response from Kanakuk before deadline.
The camp has previously stated that Newman was “a master of deception — fooling not only Kanakuk but also his friends, neighbors, and even his own family.”
