Pennsylvania SB 406: Ending NDAs and Opening the Courthouse Doors for Survivors
UPDATED - June 8, 2025, Philadelphia, PA. Pennsylvania Senate Bill 406 (SB 406) is poised to transform how Philadelphia sexual abuse survivors assert their rights. The measure would ban non‑disclosure agreements (NDAs), abolish civil and criminal statutes of limitations, and create a powerful two‑year “look‑back” window to revive previously time‑barred claims.Understanding SB 406—What Exactly is Pennsylvania Senate Bill 406?
What Is Pennsylvania Senate Bill 406?
Ban on Non-Disclosure Agreements: Any clause silencing adult or child survivors becomes void and unenforceable.
No more time limits: Both criminal prosecution and civil lawsuits could proceed regardless of when the abuse occurred.
Two‑year revival period: Survivors get a dedicated window to file lawsuits that were once out of time.
Why NDAs Have Silenced Survivors in Philadelphia and Across PA
For decades, institutional defendants—from universities to faith organizations—conditioned settlements on airtight confidentiality. Survivors who rejected silence often forfeited compensation altogether. SB 406 flips the script, recognizing that secrecy enables serial abuse and prevents community warning.
How SB 406 Rewrites Pennsylvania’s Statute of Limitations
Pennsylvania currently gives many adult survivors just two years to sue—far shorter than the average healing curve for trauma. By eliminating time bars altogether and layering a look‑back window, the bill mirrors reforms in New York (Adult Survivors Act) and California, each of which sparked hundreds of new filings and greater institutional accountability.
What This Means for Survivors
1. Freedom to tell your story — NDAs can no longer threaten fines if you speak out.
2. Day in court—whenever you are ready. Trauma‑delayed disclosure is no longer a legal death sentence for your claim.
3. Renewed leverage — Even settled cases with now‑void NDAs may be renegotiated during the two‑year window.
Implications for PA Sexual Assault Lawyers & Institutions
Attorneys should audit archived sexual‑abuse files and identify matters previously closed by NDA; clients must be informed of fresh options. Schools, hospitals, and churches likewise need to review risk exposure, rewrite policy, and prioritise transparent complaint procedures—starting now.
How SB 406 Compares to Other States
New York - Yes, a ban is proposed in harrassment and abuse settlements (One Year | Adults Survivors Act)
California - Yes, the “Silence No More” Act (Three Years | Depending on the claim)
Pennsylvania (Proposal) - Yes, the SB 406 (Two Years)
Questions About SB 406?
We Have the Answers
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Answer: Yes—any clause that blocks disclosure of abuse facts would be void. Business‑confidentiality terms unrelated to abuse may survive.
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Answer: Assuming SB 406 passes, you will have a two‑year window to file—even if you signed a confidentiality agreement in the past.
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Answer: Other legal avenues still exist. Our PA sexual assault lawyers regularly sue under current survivor‑friendly statutes and common‑law negligence theories.
Take the Next Step—Confidential, Compassionate Counsel
If you or a loved one endured sexual abuse anywhere in Pennsylvania or New Jersey, Edelstein Law is ready to help. Call (215) 893‑9311, text (215) 436‑8090, or complete our secure sexual‑abuse form today. Speaking up is the first step toward justice; our team will handle the rest.
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