Maryland Child Victims Act: Removing Time Limitations

The Maryland Child Victims Act of 2023 (the Act) significantly expands legal options for survivors of childhood sexual abuse. The Act removes limitations that restricted survivors from pursuing civil claims against their abusers or those who knowingly allowed the abuse to occur. Under the Act, anyone who has experienced child sexual abuse in Maryland has a right to file a civil lawsuit related to the abuse, regardless of how long ago the harm happened.

This article set out the key provisions of the Act and how the Act impacts the legal avenues available to victims. If you wish to file a claim under the new law, you may wish to consult with an attorney who can provide guidance on your rights and legal options.

Key Provisions of the Act

1. Definition of Sexual Abuse:

   • The Act defines  “sexual abuse” as any act that involves:
     1. An adult allowing or encouraging a child to engage in obscene or pornographic video or film;
     2. Prostitution;
     3. Incest;
     4. Rape;
     5. Sexual offense in any degree; or
     6. Any other sexual conduct that is a crime.
   • Read the Law: Md. Code, Courts & Judicial Proceedings § 5-117(a)

2. Elimination of the Statute of Limitations:

   • Change: The Act removes the time limit for survivors to file civil claims related to child sexual abuse.
   • Impact: By eliminating the statute of limitations, victims can file claims regardless of how long ago the abuse occurred. Prior to passage of the Act, Maryland law imposed a strict time limit for survivors to file civil claims related to child sexual abuse. Generally, lawsuits had to be filed before the victim turned 38.  Elimination of the statute of limitations also removes the need for victims to fight pretrial motions to dismiss based on expired statutes of limitations. Defendants, especially institutions, would often argue that cases were filed too late and should be dismissed before any evidence was even considered. These legal battles could last months or even years. This could significantly increase attorney fees and court costs. The Act removes these time-based defenses, allowing survivors to proceed directly to presenting their case rather than spending time and money arguing over whether they are even allowed to sue.
   • Read the Law: Md. Code, Courts & Judicial Proceedings § 5-117(b)

3. Revival of Previously Time-Barred Claims:

   • Change: The Act allows lawsuits that were previously barred by expired statutes of limitations to move forward.
   • Impact: The Act creates a revival window, permitting survivors whose claims were previously barred by the statute of limitations to now pursue legal action. Plaintiffs who attempted to file a claim before, but were blocked due to an expired statute of limitations, can file again.
   • Read the Law: Md. Code, Courts & Judicial Proceedings § 5-117

4. Expanded Liability for Institutions:

   • Change: The law broadens accountability beyond individual abusers.
   • Impact: Survivors can sue institutions that enabled or covered up abuse, including schools, churches, and other organizations that knowingly allowed the abuse to occur.
   • Read the Law: Md. Code, Courts & Judicial Proceedings § 5-117(c)

5. Increased Damages Cap:

   • Change: The Act sets new limits on damages for lawsuits against institutions and government entities.
   • Impact: Survivors can seek both economic and non-economic damages, including compensation for emotional distress, medical expenses, and other losses resulting from the abuse. The Act places limits on financial compensation. The Act establishes the following caps on the monetary damages a victim can receive from a civil suit:
     • Monetary damages for claims against public entities, including school boards and local governments are capped at:
       • $890,000 - For actions filed on or before May 31, 2025
       • $400,000 -  For actions filed on or after June 1, 2025
     • Non-economic damages from private institutions such as churches and civic organizations are capped at:
       • $1.5 million - For actions filed on or before May 31, 2025
       • $700,000 - For actions filed on or after June 1, 2025
   • Read the Law: Md. Code, Courts & Judicial Proceedings § 5-303

6. Plaintiff must be living when the lawsuit is filed

   • Change: The Act specifies that an  alleged abuse victim must be living when the lawsuit is filed. 
   • Impact: This provision limits legal recourse for the families of deceased victims. A claim for damages cannot be brought by a deceased victim’s estate. If a survivor dies before initiating a lawsuit, their right to sue does not transfer to their heirs.
   • Read the Law: Md. Code, Courts & Judicial Proceedings § 5-117(d)

7. Limitations on Attorney Fees

   • Change: House Bill 1378 (Chapter 104) placed restrictions on attorney fees in lawsuits involving civil claims related to child sexual abuse.
   • Impact: Attorney fees are limited to 20% of settlements and 25% of judgments. 
   • Read the Law: Md. Code, Courts & Judicial Proceedings § 5-117