The Maryland Child Victims Act of 2023 applies to anyone who suffered childhood sexual abuse. It doesn’t matter when your abuse occurred; you have options. However, it’s important to note that legal challenges to the Act make it very important to act quickly when exploring those options. Cases against certain entities have very short deadlines you should be aware of. Our Maryland clergy sexual abuse lawyer can protect you and help you explore these options.
What Is the Maryland Child Victims Act?
The Maryland Child Victims Act of 2023 was signed into law by Governor Wes Moore in April 2023 and enacted on October 1, 2023.
The Act eliminated the statute of limitations for childhood sexual abuse cases. It also allows retroactive filings (i.e., if you attempted to file a claim before but were blocked due to an expired statute of limitations, you can file again). It also increases the amount of recoverable non-economic damages in claims against private entities.
The Previous Statutes of Limitations on Sexual Abuse Cases in Maryland
Maryland’s previous statute of limitations gave childhood sexual abuse survivors until their 38th birthday to file a lawsuit for sexual abuse. While this time extension was helpful for some survivors, coming forward and reliving these experiences is incredibly traumatic.
Many survivors take decades to come forward, which means that they had no opportunities to seek justice before the statute of limitations was eliminated. In other cases, survivors did come forward and weren’t believed. This adds additional trauma.
The previous statute of limitations was even more limiting. Before this law was enacted in 2017, the statute of limitations only gave survivors until their 21st birthday to take legal action.
Does Maryland Have a Look-Back Period for Sexual Abuse Cases?
No. A look-back period is a certain amount of time that starts when legislation is enacted. It allows survivors a period of time to file a lawsuit, regardless of when the abuse happens.
However, the elimination of the statute of limitations means that a look-back period is not necessary. In most cases, survivors have as long as they need to take legal action.
Legal Challenges to the Child Victims Act May Affect How Long You Have to Act
Survivors were supposed to have as much time as they needed to file claims against the Church. However, after the Archdiocese of Baltimore filed for bankruptcy in September 2023, survivors were forced to seek compensation and justice through the bankruptcy process. There is now a new deadline in these cases, known as a bar date.
Survivors now have until May 31, 2024 to file claims against the Archdiocese of Baltimore.
Note: It’s very important to note that the bankruptcy filing does not affect survivors who are not taking legal action against the Archdiocese of Baltimore. However, you should act quickly to ensure no more legal challenges affect your ability to seek justice.
Note: Several other churches and institutions have declared bankruptcy in response to the enactment of the Child Victims Act. It’s important that you get in touch with our trauma informed team to determine how a bankruptcy filing might affect your case.
The Increased Limit on Damages
The Maryland Victims Act increased the damages cap in a couple of situations. Per the Act:
- The non-economic damages cap on cases against private entities is now $1.5 million. One reason this limit was increased is because supporters argued that sexual abuse causes survivors considerable pain and suffering—for years or even a lifetime.
- The damages cap on cases against government agencies, such as school systems, was increased from $400,000 to $890,000.
New Definition of Sexual Abuse
The Act also changed the definition of sexual abuse to include abusers and those who “allowed or encouraged” the abuse. This could include clergy members, family members, or the religious institutions that enabled the perpetrators.
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How the Maryland Child Victims Act Affects Survivors
While this legislation has been decades in the making, it is thought that the Act was enacted in large part because of an investigation into the Archdiocese of Baltimore’s abuse of children. The Maryland Attorney General’s investigation uncovered more than 600 children had suffered abuse over decades. It also found a conspiracy to cover up the abuse and transfer the abusers instead of protecting the children.
The Church did not protect these children and instead ignored complaints and transferred abusers, allowing them to victimize others. The Child Victims Act gives them the opportunity for justice they may not have had before.
What the Archdiocese of Baltimore’s Bankruptcy Filing Means for Your Case
The bankruptcy filing has a few effects on your case:
- You have a deadline, as discussed above.
- You may recover less compensation than you would through a civil claim.
- You may not need to give testimony about the abuse you suffered.
- You may not need to meet the same standards in proving your case that you would have through a civil claim.
- You may be able to remain anonymous.
- There may be no media coverage.
- You may face less stress.
The most important thing to remember is that you must act quickly to protect your right to seek compensation and justice.
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We Have Filed Lawsuits to Hold Abusers Liable
We have teamed up with two other firms to seek justice on behalf of child sexual abuse survivors. We won’t back down from the entities who covered up for the criminals who abused children and allowed the rampant abuse to continue for decades. We will fight for you, seeking compensation for:
- Past and current medical bills, including those for counseling and mental health support
- Past and current lost wages and lost earning capacity
- Pain and suffering, which is often constant with survivors of childhood sexual abuse
We will hear your story and fight for justice in whatever way we can.
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Let Us Help You Seek Justice for Your Childhood Sexual Abuse
You deserve justice for the abuse you suffered. Our trauma and cognitive interview trained team wants to help you get it. It’s very important that you act quickly to protect your claim from dismissal. We handle these cases on a contingency-fee basis, which means you pay us nothing upfront. You shouldn’t be worrying about how to afford legal help when you’re displaying such bravery. When you meet with us for your free consultation, we’ll explain how our fee structure works.
Call Jenner Law today to discuss with our team.
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