
On February 3, 2025, the Maryland Supreme Court delivered a decision that survivors of childhood sexual abuse and their advocates have fought for over decades—the affirmation of the Child Victims Act of 2023 as constitutional. This ruling allows survivors, many of whom have lived in silence for years, to finally have their day in court.
For those of us who have walked alongside these brave individuals, this decision is not just a legal milestone—it is a testament to the power of perseverance, the pursuit of justice, and the unbreakable courage of survivors who refused to be silenced. It is a long-overdue acknowledgment that their voices matter, their suffering is real, and the legal system can, at last, serve the justice they have fought for.”
Decades of Fighting for Justice
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For far too long, survivors of childhood sexual abuse were denied justice due to strict legal time limits that placed arbitrary expiration dates on their right to file a lawsuit. Many survivors, burdened by trauma, were unable to come forward until years—sometimes decades—after their abuse occurred.
Before 2003, Maryland’s legal system only allowed survivors three years from the time they turned 18 to file a lawsuit. Recognizing the injustice of this restriction, the Maryland General Assembly extended the statute of limitations multiple times, but each extension still left survivors without full access to justice.
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Then came the Child Victims Act of 2023—a groundbreaking law that eliminated the statute of limitations entirely. With this Act, Maryland joined a growing number of states acknowledging that sexual abuse survivors deserve justice, no matter how much time has passed. Notably, just days ago, the North Carolina Supreme Court issued a similar ruling, reaffirming that survivors should not be barred from seeking justice due to outdated legal time limits. These back-to-back victories send a powerful message: the law must evolve to recognize the lasting trauma of abuse and ensure that no institution or perpetrator is ever shielded from accountability by the passage of time.”
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Despite its passage, the law was immediately challenged. Opponents argued that it violated constitutional protections by unfairly changing the legal landscape after the fact. The fight reached Maryland’s highest court, where survivors once again had to fight for their right to be heard.
The Court’s Ruling: A Critical Victory
In a 4-3 decision, the Maryland Supreme Court ruled that the Child Victims Act is constitutional, rejecting arguments that the law unfairly stripped institutions of a “vested right” to be free from lawsuits.
The ruling centered on the distinction between a statute of limitations and a statute of repose—two legal concepts that determine whether claims can be revived after a certain period.
Why This Is NOT a Statute of Repose
Opponents of the Child Victims Act argued that Maryland’s 2017 law, which imposed a 20-year limit for claims against institutions, created a statute of repose—a law that permanently shields defendants from liability after a set period. If that were true, the court could have ruled that reviving old claims was unconstitutional.
However, the Maryland Supreme Court rejected this argument and clarified that the 2017 law created only a statute of limitations, which is a procedural rule governing when lawsuits must be filed—not an absolute protection from legal action.
The Court emphasized that:
- A statute of limitations sets a time limit for filing a lawsuit but does not create a permanent right for defendants to be free from liability.
- A statute of repose, on the other hand, eliminates the right to sue altogether after a fixed period, regardless of when the harm was discovered.
- The 2017 law’s 20-year limit was merely a statute of limitations, meaning the legislature had full authority to change or remove it.
Because no vested rights were created, the Court ruled that reviving time-barred claims under the 2023 Child Victims Act was entirely legal.
The Supreme Court concluded: “Based on the evidence before the General Assembly concerning the historical prevalence off child sexual abuse, prior cover-ups, and significantly delayed reporting by victims well beyond the 20-year window provided by Subsection (d), the elimination of the statute of limitations in the 2023 Act bore a real and substantial relation to the problem being addressed.”
A Fight for More Than Just Compensation
Opponents of the Child Victims Act have long argued that lawsuits under this law are about money. But survivors and their legal teams know the truth: this fight is about truth, accountability, and healing.
Survivors of childhood sexual abuse face lifelong trauma. Many were silenced as children—either through threats, fear, shame, or societal indifference. For them, the right to file a lawsuit is not just about seeking financial compensation—it is about reclaiming their voices and forcing institutions to acknowledge their failures.
David Lorenz, a survivor and advocate, summed it up best when he said:
“I’m absolutely thrilled that the Supreme Court ruled that we are not a piece of defective construction material and instead we’re really human beings.”
This ruling is not just a win for survivors—it is a moment of reckoning for the institutions that turned a blind eye to abuse. The court’s decision ensures that no church, school, or state-run facility can escape accountability simply because enough time has passed.
The Courage of Survivors: Decades of Fighting Back
This victory belongs first and foremost to the survivors. Many of them have spent decades fighting for the right to be heard.
They lobbied lawmakers, shared their painful stories in public hearings, and endured the retraumatization of legal battles that should never have been necessary. Some watched their abusers pass away before justice could be served. Others saw institutions file bankruptcy in an attempt to limit their financial liability. But they never gave up.
When the Catholic Church and other institutions fought to keep the 2017 law in place to avoid accountability, survivors refused to back down. When lawmakers debated whether Maryland should join other states in removing statutes of limitations, survivors stood before them and demanded change.
Their bravery ensured that the Child Victims Act of 2023 became law. And their perseverance saw it through the courtroom battle that followed. Eva Dittrich, a 68 year old survivor of Joseph Maskell, one of if not the most notorious child abuser to come out of the Archdiocese of Baltimore, fought back tears when she learned of the Supreme Court’s ruling. “The court’s decision today is a step towards healing for so many of us. It validates our pain and reminds us that our stories matter. I can finally move forward knowing that justice is possible, no matter how much time has passed.”
The Lawyers Who Never Stopped Fighting
As survivors fought in the public arena, their legal teams worked tirelessly behind the scenes and in the courtroom. Jenner Law, along with Grant & Eisenhofer, and Brockstedt Mandalas & Federico, led the charge to defend the Child Victims Act and ensure survivors had their day in court.
For years, these attorneys have fought against powerful institutions determined to protect themselves at the expense of survivors. They have faced relentless legal challenges, procedural hurdles, and well-funded defense teams.
But they never wavered.
As Rob Jenner said in response to the ruling:
“This historic decision ensures that all survivors of child sexual abuse in Maryland can no longer be denied access to justice or to a jury trial based on their age or the amount of time that has elapsed since they were abused. Today’s ruling brings renewed hope to those who suffered in silence.”
This moment proves that perseverance in the pursuit of justice pays off.
What’s Next? The Path Forward
While this ruling is a major victory, the fight is not over. Survivors still face legal obstacles, especially as institutions like the Archdiocese of Baltimore attempt to shield themselves through bankruptcy proceedings.
However, this decision clears the way for hundreds of survivors to file lawsuits and expose the truth about what happened to them. It is also a call to action for other states still clinging to outdated legal restrictions that deny survivors justice.
At Jenner Law, we are honored to stand beside the survivors who made this victory possible. We will continue fighting to ensure that every survivor has the opportunity to seek justice—no matter how long it takes.
To every survivor who fought for this day: this is your victory. Your courage changed the law. Your voice changed history. And your fight for justice will never be in vain.
If you or someone you know is a survivor of childhood sexual abuse, we are here to help. Contact us to learn more about your legal options.
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