Supreme Court of Maryland Rules Child Victims Act is Constitutional, Opening the Door For Additional Victims

The 2023 Child Victims Act eliminated the 2017 statute of limitations on cases involving child sex abuse. Under the 2017 law, victims had to file their claims within 20 years of reaching the age of majority (essentially, by 38 years old). By eliminating that time limit, lawmakers opened the door for additional victims to file claims.

Several defendants argued that removing the statute of limitations was unconstitutional. The Maryland Supreme Court narrowly voted in favor of upholding the 2023 Act, allowing victims to file claims no matter when the abuse took place. This important ruling is a step toward justice for thousands of adults who were victims of child sex abuse.

The Failed Argument Against the Act

In three separate cases, the Archdiocese of Washington, The Key School of Annapolis, and the Harford County School Board/Harford County Education Board argued against the 2023 Act. Their legal theory claims that the 2017 law created a vested right that shielded defendants from claims filed after a certain amount of time passed. Under their theory, that 2023 Act improperly eliminated the time limit, retroactively allowing plaintiffs to move forward with claims that the 2017 law previously barred.

Maryland Supreme Court Decides in Favor of the Act

By a narrow 4-3 decision, the court found in favor of upholding the 2023 Child Victims Act. According to the majority opinion, the prior statute did not create a vested right to avoid liability for past acts of sexual abuse. The General Assembly did have the power to remove the statute of limitations, even retroactively.

Implications of the Court’s Decision

This ruling applies to both private and public entities, meaning organizations like the Archdiocese of Baltimore and the state’s public schools will potentially face claims related to abuse that may date back as far as the 1960s. Currently, the state “is engaged in negotiations to possibly settle 3,500 cases that could be filed as a result of the 2023 law.”

Changes to Damages Caps in the Child Victims Act

In addition to eliminating the statute of limitations, the 2023 Act changed damages caps. The liability for public entities is limited to $890,000 per occurrence. The law raised the limit on non-economic damages (like pain and suffering) for private institutions to $1.5 million and removed limits for economic damages. Economic damages cover expenses that victims incur related to abuse, such as medical treatment and therapy.

Why Removing the Statute of Limitations is Important

Studies show that it’s not uncommon for victims of sexual abuse to wait before reporting. There are many reasons for this delay – from a fear of the abuser to shame or even a sense of loyalty toward a familiar person who abused them. In fact, more than half of child victims delay reporting.

Removing the statute of limitations and passing the 2023 Child Victims Act was a priority for Maryland Governor Wes Moore, who signed the law in April 2023. The state’s Attorney General, Anthony Brown, gave a statement supporting the court’s ruling, in which he said, “Today’s decision by the Supreme Court of Maryland confirms that the passage of time will not prevent survivors from seeking justice for sexual abuse they suffered as children. I am proud of the role our office played in defending this landmark statute.”

What Can Victims of Abuse as a Child Do?

With the upholding of the Child Victims Act, those who suffered sexual abuse as children can file a claim in Maryland, no matter how much time has passed. Starting the process and fighting for justice for long-past wrongs can be intimidating, but you don’t have to do it alone. You have the right to hire an attorney who will help you through the process by explaining your rights, analyzing your claim, and fighting for you in court. At Plaxen Adler Muncy, our attorneys know that it takes bravery to come forward as a victim of child sexual abuse. However, coming forward is a big step toward healing. It also allows you to hold the institutions that allowed that abuse to happen accountable, which is critical when it comes to protecting children today and in the future.

As President-Elect of the American Association for Justice, Bruce Plaxen signed the organization’s amicus brief, which supported the constitutionality of the Child Victims Act. At Plaxen Adler Muncy, our compassionate attorneys are prepared to stand up for victims and give them back their voices, even after decades of silence. Fill out our contact form or call us today to schedule a free consultation with one of our experienced lawyers.