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Maryland Governor Wes Moore approved a bill on Tuesday that abolishes Maryland’s statute of limitations concerning civil lawsuits for child sexual abuse against institutions. This development occurs just days after the state attorney general unveiled a report illustrating the extent of abuse across 80 years and accusing church authorities of long-lasting coverups. At present, […]
Maryland Child Sexual Abuse Lawsuits
Maryland Governor Wes Moore approved a bill on Tuesday that abolishes Maryland’s statute of limitations concerning civil lawsuits for child sexual abuse against institutions.
This development occurs just days after the state attorney general unveiled a report illustrating the extent of abuse across 80 years and accusing church authorities of long-lasting coverups.
At present, individuals in Maryland claiming they experienced sexual abuse as children are unable to sue after turning 38.
“The pain that persists for decades following an assault has no statute of limitations,” Moore, a Democrat, expressed. “The trauma, which continues to impact so many, also has no statute of limitations, and this legislation embodies that precise truth.”
The Maryland General Assembly passed the bill the previous week, mere hours after Attorney General Anthony Brown publicized an extensively anticipated report of almost 500 pages detailing the abuse of over 600 children by more than 150 Catholic priests and others linked to the Archdiocese of Baltimore.
State investigators commenced their efforts in 2019, examining over 100,000 pages of documents from as far back as the 1940s and speaking with hundreds of victims and witnesses.
The proposal to terminate the statute of limitations has been backed in Maryland for several years by Del. C.T. Wilson, a Democrat who had shared his own experience of abuse during his youth.
Wilson expressed his gratitude to the survivors who repeatedly shared their stories over the years.
The Maryland leader of the Survivors Network of those Abused by Priests, David Lorenz, attended the event and declared his elation for his fellow survivors. Lorenz said, “Maryland has ceased requesting the church’s guidance and instead asked the people for direction. We are no longer beholden to the church and never should have been.”
Twenty-four states have sanctioned “lookback windows,” which are temporary periods during which accusers may sue regardless of when the purported abuse occurred. Maryland’s law establishes an indefinite window without a time constraint.
During the lookback window, survivors of child sexual abuse could file civil lawsuits against their abusers or the institutions that enabled the abuse, regardless of when the abuse occurred. This allowed survivors who had previously been barred from filing lawsuits due to the statute of limitations to seek justice and accountability for the harm they suffered.
It is important to note that the lookback window only applies to civil lawsuits, not criminal cases. Survivors who wish to pursue criminal charges against their abusers must still follow the standard criminal statute of limitations.
The “lookback window” in New York refers to a specific period of time during which survivors of child sexual abuse can file civil lawsuits against their abusers or the institutions that allowed the abuse to occur, regardless of how long ago the abuse took place.
In August 2019, the New York State Legislature passed the Child Victims Act, which created a one-year lookback window that allowed survivors of child sexual abuse to file lawsuits against their abusers or the institutions that enabled the abuse, even if the statute of limitations had already expired. The original lookback window was set to expire on August 14, 2020, but due to the COVID-19 pandemic, it was extended to August 14, 2021.
The Child Victims Act (CVA) is a law passed in New York State in 2019 that significantly expanded the rights of survivors of child sexual abuse. The law made several important changes to New York’s statute of limitations for child sexual abuse claims, allowing more survivors to come forward and seek justice.
The key provisions of the CVA include:
The CVA has been instrumental in allowing many survivors of child sexual abuse to pursue justice and hold abusers and institutions accountable. However, it is important to understand that the law only applies to civil lawsuits, not criminal cases. Survivors who wish to pursue criminal charges against their abusers must still follow the standard criminal statute of limitations.
Marci Hamilton, founder and CEO of Child USA, a think tank advocating for improved child protection laws, mentioned she testified for changing the law in Maryland two decades ago.
Hamilton acknowledged the lengthy process, praising Wilson and victims for their persistence. “It was a difficult task, but they accomplished it.”
The Maryland law, effective October 1, is unique in the nation as it imposes certain limits on damages, according to Hamilton.
Under the bill, private organizations face a $1.5 million cap on non-economic damages such as pain and suffering, while no cap exists for service-related costs like therapy. Public entities like school boards and local governments face a $890,000 cap on damages.
Hamilton noted that this is the first window to ever impose caps. “We’ve opposed them, but these limits are reasonable enough.”
The Maryland Catholic Conference, representing the three dioceses serving Maryland, argued in their testimony that the bill is unconstitutional due to the discrepancy in monetary judgments.
“The concerns we brought up during the legislative session persist, including questions about constitutionality and the unequal treatment between public and private organizations in Maryland,” the conference stated on Tuesday.
The Baltimore archdiocese reports having paid over $13.2 million since the 1980s for the care and compensation of 301 abuse victims, including $6.8 million toward 105 voluntary settlements.
In case the law faces legal challenges, the bill contains a provision that would postpone lawsuits until the Supreme Court of Maryland determines the law’s constitutionality.
If you or a loved one have been sexually abused, you or your loved one could be entitled to receive substantial monetary compensation from the individual or institution responsible for the sexual abuse.
Parker Waichman LLP helps those who have suffered sexual abuse receive full monetary compensation. Trust your case with our national sex abuse lawsuit attorneys. For a free consultation, contact our law firm today by using our live chat or calling 1-800-YOUR-LAWYER (1-800-968-7529).