We pass a law that makes Non Disclosure Agreements null and void when abuse of a child was involved. This law could predate all the way back to the 1960s. It would allow victims to tell their story and for witnesses to come forward to testify in cases where they were witness to a child being physically or sexually abused but were restrained by a non-disclosure agreement and unable to tell their story. Any time the abuse of a child is involved, any non disclosure agreement a perpetrator has had people sign becomes null and void. This way victims and families of victims can speak out and make known exactly who these people in high places are and what they have done so they can be brought to justice.
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No time limits on punishing rapist either.
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If you have information on child abuse, you should absolutely report it, right now. The life and safety of a victim(s) is more important.
I did a quick search to check on this. From that I read; NDAs are not for the purpose of covering up illegal activities or preventing whistleblowing. If the agreement goes against public policy, it may not be enforceable.
Take hospitals, doctors, police and even priest for example. It is their legal duty under oath to report suspicious signs of abuse and neglect and if a report of such is made they are obligated to make a report by law. Child abuse would be reported.
A Non Disclosure Agreement (NDA) is a legal construct under administrative law. Administrative law is the lowest rank of law. Civil Law is above that, next higher is Penal Code which includes misdemeanors and felonies.
The 5th Amendment Right against self incrimination cannot be enlarged by administrative law to conceal any criminal activity.
If such is happening, it is evidence of a conspiracy to commit, cover up/ aid and abet criminal activity. Any person(s) signed to it would be guilty of conspiracy if nothing else.
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Can you explain why the victims trafficked by Jeffery Epstein who accepted payment via the Jeffrey Epstein Victims Compensation Fund sign an NDA and from that point forward are not able to raise allegations against their attackers or speak out publicly about the high profile customers that Jeffery Epstein trafficked these young women to when they were underaged? If I am wrong about the details here I apologize but from what I understand, that is the way this settlement works.
Two things come to mind immediately
one: the NDA covers the compensation given in lieu of making a criminal complaint. (Total disregard for other victims)
two: how did Stormy Daniels take hush money, under an NDA, then proceed to court?
It might be that the legal representative(s) for the people are not aggressively seeking justice for all the victims.
My opinion is the administrative law of the NDA is mandated to have a severability clause in it
that means if called into question and reviewed properly, any attempt to circumvent higher law (like concealing crimes) would be severed from the NDA.
That means the person who is subject of the NDA would then be legally able to testify
If the review was done by a court of competent jurisdiction and the finding was the non disclosure agreement concealed criminal activity then the subject of the NDA refused to testify that would have to be pursued as if the one refusing to testify was an accomplice in the criminal activity
I suspect that the legal process is hampered by procedural delays and looking for a combination of actors, judge, prosecutor, and attorney who together seek justice for the victims.
It the case was otherwise, it would be televised like the O.J. trial
Thanks for your questions
If you have any more I will do what I can to answer them
Take this further. Write a policy covering the details and situations during any illegal activity that might make a non-disclosure agreement null and void.
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