Maryland Gov. Wes Moore signed into law the Child Victims Act of 2023 (“CVA”), which eliminates the statute of limitations for child sexual abuse cases. This transformative legislation allows survivors to file civil lawsuits at any time against perpetrators and their institutional enablers, regardless of when the abuse occurred.
Maryland joined more than two dozen states that have repealed their statutes of limitations for child sex abuse claims, giving survivors a new opportunity to seek legal action for the trauma they have endured. Previously, limitations determined when survivors could file civil suits, often leaving them without avenues for justice. This legislation, which went into effect October 1, 2023, broke those barriers, ushering in an era of limitless potential for survivors.
The CVA substantially changed the legal framework surrounding child sexual abuse cases in Maryland.
In addition to removing all statutes of limitations for civil lawsuits related to child sexual abuse cases in the state, the measure also:
- Increased damages cap. The Act raises the statutory cap on civil damages for child sexual abuse. Public school boards and government entities have a cap of $890,000, while private institutions, including independent schools, have a cap of $1.5 million per abuse incident.
- Facilitates civil lawsuits. The Act simplifies survivors’ process of filing civil lawsuits, eliminating obstacles that previously prevented them from seeking justice.
These provisions signify a significant step forward in Maryland’s commitment to addressing child sexual abuse and supporting survivors in their journey toward healing and seeking legal redress.
Certain Institutions are Challenging the Constitutionality of the Child Victims Act
The CVA is crucial for survivors seeking justice because it offers many their first opportunity to pursue legal action after decades of waiting. Many of those survivors filed lawsuits against alleged institutional enablers on the day the CVA became effective. The Roman Catholic Church (Archdiocese of Washington, D.C.), The Key School in Annapolis, and the Harford County Board of Education — accused of enabling and covering up abuse — moved to dismiss these lawsuits, alleging the CVA violates their rights under the Maryland Constitution. Survivors and their advocates have come forward in a powerful video to express their support.
Legal Arguments Supporting the Act’s Constitutionality
The principal brief filed by our legal team meticulously outlines the constitutional grounds supporting the Maryland Child Victims Act. The brief argues that the Act serves a compelling state interest by protecting children and providing a legal avenue for those who have suffered unspeakable abuse. It further asserts that the Act is a necessary response to the unique challenges faced by survivors, who often require years, if not decades, to process their trauma and come forward By extending the statute of limitations, the state acknowledges the profound impact of childhood abuse and affirms that arbitrary timelines should not bind justice.
Despite the clear benefits of the Maryland Child Victims Act, it faces significant legal challenges. Opponents argue that the Act violates due process by reviving claims that were previously time-barred, potentially exposing individuals and institutions to lawsuits many years after the alleged abuse occurred. These challenges have brought the case to the Maryland Supreme Court, where the justices will determine the Act’s fate.
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What is at stake with the constitutional legal challenge?
To childhood sexual abuse survivors, everything. The Maryland Supreme Court, set to hear arguments on September 10, 2024, from lawyers representing survivors and those accused of enabling their abuse, will determine whether the CVA stands as the law of Maryland. There are three cases currently before the Court. One of the lead cases is Valerie Bunker v. The Key School, Inc., Civil No. 1:23-cv-02662 (USDC MD). The case was certified by the United States District Court for the District of Maryland, where one of our clients, Valerie Bunker, courageously brought forth her claim. Ms. Bunker was a student at The Key School in Annapolis during the 1970s. Some teachers and administrators there preyed upon her and other young students as part of a wider pattern of serialized child abuse, which Key School administrators and leaders fostered and even encouraged. Ms. Bunker and others in similar suits allege that Key School community members, including faculty, staff, school administrators, and board members, were aware of the abuse inflicted on its students yet consistently and repeatedly refused to intervene.
If the Court upholds the CVA, survivors will continue to have the right to seek justice, no matter their age or how much time has passed since they were abused. If the Court declares it unconstitutional, that right could be severely limited or eliminated.
For many survivors, the Maryland Child Victims Act represents hope and a chance for closure. The Act allows them to confront their past and seek justice without the fear that time has passed. This is particularly significant in cases where abusers have evaded accountability for years due to the expiration of the statute of limitations.
What impact will two trial court decisions – one upholding, the other overturning the CVA on constitutional grounds – have on the upcoming Maryland Supreme Court ruling?
The oral argument before the Maryland Supreme Court is September 10, 2024. Ultimately, the Court will decide on the CVA’s constitutionality “de novo”—from the beginning. While the Court may consider the trial court’s opinions, it is not bound by them. The Court will likely look mainly to prior Maryland Supreme Court decisions to determine whether the Maryland Constitution authorized the General Assembly to pass the CVA.
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When will the Court rule?
There is no set deadline for the Court to rule—the time the Maryland Supreme Court takes to issue an opinion after oral arguments can vary. The Court carefully reviews all the briefs, the oral arguments, and the relevant legal issues before deciding. In complex or high-profile cases like those involving the CVA, the process might take longer as the Justices work to ensure their opinion is thorough and well-reasoned.
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Is the related Federal Bankruptcy Court proceeding involving the Archdiocese of Baltimore (AOB) a factor in this court case?
The AOB filed a petition for bankruptcy in the U.S. Bankruptcy Court for the District of Maryland (Harner, J.) on the last business day before the CVA became effective (September 29, 2023). That filing effectively blocked survivors from filing suit under the CVA. Instead, survivors were required to submit claims within the Bankruptcy proceedings. More than 900 survivor claims have been filed with the Bankruptcy Court against the AOB. Because the AOB was never sued under the CVA, it is not a party to any of the cases before the Maryland Supreme Court. It has taken no position on the CVA’s constitutionality. Under the direction of three court-approved mediators, the AOB is currently working with survivors, insurers, and other interested parties to develop an agreed-upon bankruptcy plan to submit for the Bankruptcy Court’s approval. The Bankruptcy Court proceedings have no impact on the Maryland Supreme Court’s decision on the CVA.
What Steps Can Survivors Take to Seek Justice Under the Child Victims Act of 2023?
If you or someone you know is living with the trauma of child sexual abuse, seeking justice is a deeply personal and courageous decision. You are not alone in this journey, and supportive resources are available. Prioritize your well-being and seek the emotional support you need.
Reach out to trusted individuals who can provide a safe and understanding space for you to share your experiences. Organizations that help child sexual abuse survivors can also offer invaluable guidance and a network of individuals who can empathize with your situation.
We Help Survivors of Child Sexual Abuse – Call Us Today
When you feel ready, consider contacting an attorney who handles child sexual abuse cases. With years of experience handling clergy sexual abuse cases, our team at Jenner Law understands the sensitivity needed to navigate the legal process. Our attorneys will explain your rights and legal options for justice. Contact us today for a free consultation.
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