Maryland Victims of Clergy Abuse Can Finally Get Justice

Maryland has taken steps to ensure that childhood victims of sexual assault and abuse by clergy or other lay members of the Catholic Church can finally seek justice. Plaxen Adler Muncy, P.A. offers compassionate advocacy on behalf of sexual abuse survivors throughout Maryland. If you or your loved one was abused, now is the time to take action. Please call us to get started on your case.

About the investigation into sexual abuse and the coverup in the Archdiocese of Baltimore

Back in 2002, The Boston Globe published an explosive exposé about sexual abuse in the Catholic Church. In 2018, the Maryland Office of the Attorney General launched its own investigation into the Archdiocese of Baltimore, and released its 463 page report in April 2023. The OAG discovered more than 600 victims spanning 80 years, as well as a long history of cover-ups and dismissals. From the report:

The incontrovertible history uncovered by this investigation is one of pervasive and persistent abuse by priests and other Archdiocese personnel. It is also a history of repeated dismissal or cover up of that abuse by the Catholic Church hierarchy….

Time and again, bishops and other leaders in the church displayed empathy for the abusers that far outweighed any compassion shown to the children who were abused. These leaders repeatedly accepted the word of abusers over that of victims and their families…. When “investigations” were conducted, they were done by clergy who were neither trained as investigators nor independent of the church…. In some cases where even the most inadequate of investigations revealed undeniable abuse, the Archdiocese removed the abuser from the parish, but gave either no reason or a false reason for the removal. In many cases, the abuser was transferred—often multiple times—to another parish without warning to parishioners of the prior abuse.

Also contained within the report are the names of 146 members of the clergy who are identified as abusers, as well as pages of members who served in the Archdiocese of Baltimore, but were credibly accused of child sex abuse outside of Maryland.

Why filing a lawsuit against childhood abusers has been a challenge

For years, victims of childhood sexual abuse have been subject to strict time limits (called statutes of limitations) for filing a civil claim. Until 2017, victims had until the age of 25 (seven years past the age of majority) to file a claim. In 2017, that age was extended to 38 (20 years past the age of majority) OR until three years after the abuser was convicted of a crime, but there were certain conditions to the law. If the claim was against a third party, like a church or government organization, then the victims had to prove:

• The person or governmental entity owed a duty of care to the victim;
• The person or governmental entity employed the alleged perpetrator or exercised some degree of responsibility or control over the alleged perpetrator; and
• There is a finding of gross negligence on the part of the person or governmental entity.

Furthermore, claims against non-perpetrators were also subject to the original time limit of seven years past the age of majority, and would not be retroactive. In other words, anyone who was abused or assaulted before 2017 could still be time-barred from seeking compensation.

In terms of the Church, however, such claims were even harder to file. As the OAG report shows, the Church engaged in systemic coverups of abuse and assault, making it incredibly difficult for victims to file lawsuits. On top of that, anyone who had been abused in earlier decades would automatically be time-barred from making a claim.

But all of this is about to change, thanks to the Child Victims Act of 2023.

About the Child Victims Act of 2023

The new legislation, which was signed by Governor Moore, eliminates the statute of limitations for child sex abuse cases. The Child Victims Act of 2023 also gives folks who had previously been time-barred from suing the right to bring a claim now, no matter how long ago the abuse occurred. In addition, the law also raises the caps on the amount of compensation a survivor could seek to $1.5 million against private institutions, and $890,000 against the State of Maryland.

The new legislation will go into effect on October 2, 2023.

Can Plaxen Adler Muncy, P.A. help me file a sexual abuse or assault lawsuit?

Yes, we can. Our attorneys represent survivors of assault and abuse throughout Maryland, and we can help you, too. We can help you file claims under the Maryland Tort Claims Act as well as through civil courts, and have the resources and experience to handle this complex litigation. We have been strong advocates for the rights of victims for years and are ready to help you seek justice.

We understand that taking the step to file a sexual assault lawsuit can be emotional. We treat you and your case with dignity and discretion, and offer a safe environment to discuss your needs. We also offer phone and video consultations if that is what helps you feel secure.

If you, your child, or your loved one was the victim of sexual assault or abuse, the personal injury attorneys at Plaxen Adler Muncy, P.A. can help. To schedule a free consultation at one of our offices throughout Maryland, please call us or fill out our contact form today.