Making certain agreements prohibiting information sharing related to sexual abuse unenforceable
Summary
SB 941 would add a new section to West Virginia’s civil code declaring certain agreements that restrict disclosure of sexual abuse information void and unenforceable as against state public policy. The bill applies to nondisclosure agreements, confidentiality agreements, employment agreements, settlement agreements, and similar contracts that prevent a person or entity from disclosing an act of sexual abuse or facts related to such an act.
The bill defines “sexual abuse” by reference to offenses in West Virginia’s sexual offense statutes, and it applies whether or not the conduct resulted in a criminal charge, conviction, adjudication, or sentence. It also applies retroactively to agreements entered into before, on, or after the effective date. At the same time, the bill preserves the ability of parties to keep confidential the amount paid to resolve a claim and the personal identifying information of a victim.
Impact
SB 941 would change West Virginia law by creating a public-policy exception that invalidates contractual gag provisions covering sexual abuse disclosures. In practice, it would limit the enforceability of confidentiality terms in settlements and employment or other agreements when those terms prevent disclosure of sexual abuse or related facts, while still allowing confidentiality for settlement amounts and victim identity information. The bill would affect survivors, alleged perpetrators, employers, insurers, and parties to civil settlements or private agreements involving sexual abuse claims.
Sentiment
The bill’s stated purpose and findings reflect a strongly supportive posture toward survivors and transparency, emphasizing the state’s interest in preventing sexual abuse and avoiding legal protections for perpetrators. No committee transcripts or recorded votes were provided, so there is no documented opposition or support beyond the bill text itself. Based on the language, the measure appears framed as a victim-protection and public-safety bill rather than a controversial policy change in the materials provided.
Contention
The main policy tension is between survivor disclosure rights and the use of confidentiality provisions in settlements or employment agreements. Supporters would likely view the bill as preventing secrecy that can hide abuse and protect repeat offenders, while potential opponents could argue that retroactive invalidation of agreements undermines contract certainty or settlement finality. The bill addresses some of those concerns by preserving confidentiality for compensation amounts and victims’ personal identifying information, but it still broadly voids any clause that blocks disclosure of sexual abuse facts.