Maryland Sexual Abuse Lawsuits

At Saiontz & Kirk, P.A. our Maryland sexual abuse lawyers understand the courage it takes for survivors to come forward and seek justice. We are dedicated to supporting our clients through every step of the legal process and working tirelessly to ensure that their voices are heard.

Unwanted sexual contact, touching or other abusive behavior can have a long-lasting physical and emotional impact. In many situations, the assault may have been prevented if a responsible organization or employer had taken different actions.

It is our mission to hold perpetrators of childhood sexual abuse and the organizations that enabled the conduct accountable, and help survivors get the justice and compensation they deserve.

While no amount of money can ever truly compensate for the harm and suffering caused by sexual abuse, pursuing legal action can help survivors take back control of their lives and send a message that this type of behavior will not be tolerated.

Maryland Child Victims Act of 2023

In a landmark decision, Governor Wes Moore signed the Maryland Child Victims Act of 2023 in April 2023, which took effect on October 1, 2023. This transformative law introduces several critical changes designed to address the injustices endured by survivors of childhood sexual abuse.

The Maryland Child Victims Act of 2023 dramatically altered the legal framework for survivors, empowering them to pursue justice by removing the statute of limitations (SOL) for filing sexual abuse lawsuits against both perpetrators and institutions implicated in the abuse. Key provisions of the new legislation include:

• Elimination of the Maryland child sex abuse lawsuit statute of limitations, allowing survivors to file claims that were previously barred due to time constraints.
• Increase of the maximum non-economic damages to $1.5 million for claims against private institutions, including the Catholic Church.
• Enhancement of the maximum non-economic damages to $890,000 for claims involving public schools and state or local government entities.

These changes ensure that survivors can seek compensation and hold responsible parties accountable, no matter how much time has passed since the abuse occurred.

Maryland Supreme Court Upholds Child Victims Act Against Interlocutory Appeal

Shortly after the enactment of the Maryland Child Victims Act, several institutions challenged the law’s constitutionality, arguing that it improperly revived claims that had previously expired under older statutes of limitations, potentially violating vested rights.

The Maryland Supreme Court addressed these challenges directly by granting an interlocutory appeal. The core issue was whether the Act’s retroactive application infringed upon constitutionally protected rights.

In a decisive ruling, the Maryland Supreme Court issued an opinion (PDF) on February 3, affirming the constitutionality of the Child Victims Act.

The court’s decisive ruling supported the law’s validity, making a clear distinction between two types of legal time limits: statutes of limitations and statutes of repose. Statutes of limitations are rules that set deadlines for filing lawsuits within a reasonable time frame to ensure timely justice. In contrast, statutes of repose offer a final deadline after which no legal action can be initiated, giving potential defendants a definitive end to their liability.

The court found that the Child Victims Act only affects statutes of limitations—essentially extending the time survivors have to file lawsuits without eliminating the possibility of legal responsibility for the accused. This means the law adjusts the timing for seeking justice without taking away any fundamental legal protections for those accused, thereby maintaining compliance with the Maryland Declaration of Rights.

Clergy Abuse and Child Sexual Assault Lawsuits

Under the Maryland Child Victims Act of 2023, the barriers that once prevented many victims from seeking justice have been dismantled. Survivors now have the power to file lawsuits against any church, clergy member or staff member, regardless of how much time has passed since the abuse occurred. These personnel can include:

• Clergy Members: Priests, pastors, ministers, deacons, and other ordained members of the clergy who are alleged to have committed abuse.
• Religious Teachers: Individuals who teach at religious schools or are involved in religious education programs and are accused of abuse.
• Church Staff: Employees or volunteers working within religious institutions who may have committed abuse or contributed to a neglectful environment that allowed abuse to occur.
• Church Leaders and Administrators: Bishops, cardinals, and other high-ranking officials who may have enabled, covered up, or failed to act on allegations of abuse.
• Religious Order Members: Members of monastic orders or religious communities, including nuns and monks, implicated in abuse cases.
• Youth Leaders: Individuals who lead youth groups or other church-sponsored activities aimed at minors.
• Music and Choir Directors: Those in charge of music programs who have direct contact with children and teens.
• Church-operated Camp Staff: Leaders or employees at camps run by religious organizations.

Archdiocese of Baltimore Files Bankruptcy to Force Claim Deadlines

Shortly after the Maryland Attorney General’s Office released a 463 page Report on Child Sexual Abuse in The Archdiocese of Baltimore, the Archdiocese of Baltimore filed for Chapter 11 bankruptcy protections on September 29, 2023, just two days before the Child Victims Act was set to take effect on October 1, 2023.

While the Archdiocese has stated that its bankruptcy filing was intended to efficiently handle the sexual abuse lawsuits being filed while maintaining its ability to emerge with operations intact, our lawyers have viewed this strategy as an attempt to circumvent the broader intentions of the Child Victims Act and limit the opportunities for survivors to seek justice and compensation through traditional legal channels.

Here is why: The Child Victims act removed the statute of limitations on childhood sexual abuse claims, affording victims the opportunity and necessary time to bring forth claims against their perpetrators. The legislation was designed to make sure that victims always had a pathway to seek compensation and justice through traditional civil proceedings for childhood sexual abuse.

However, when the Archdiocese of Baltimore filed for bankruptcy, it triggered an “automatic stay,” which shifted the handling of all civil lawsuits against it to the bankruptcy court, and halted all civil litigation actions against the Archdiocese outside of the bankruptcy process. This means that any ongoing or future lawsuits against the Archdiocese of Baltimore are paused and must be addressed within the bankruptcy proceedings.

As part of the bankruptcy courts’ claims process, all creditors, including individuals with childhood sexual abuse lawsuits against the archdiocese, must now file their claims by a specified bar date to be considered for payment. This effectively side-steps the Archdiocese’s liability for claims filed beyond the bankruptcy proceedings deadline, and negates much of the intent of the Child Victims Act.

What is the new deadline to file a childhood sexual abuse claim against the Archdiocese of Baltimore?

U.S. Bankruptcy Court Judge Michelle M. Harner imposed a May 31, 2024 deadline (bar date) for filing childhood sexual abuse claims against the Archdiocese of Baltimore.

If a victim does not file a claim against the Archdiocese of Baltimore by the established deadline of May 31, 2024, they may be barred from seeking compensation.

It’s important to note that while claims against the Archdiocese itself are bound by this deadline, survivors can still pursue lawsuits against individual perpetrators associated with the Archdiocese of Baltimore. These claims remain viable under the Child Victims Act and are not affected by the Archdiocese’s bankruptcy filing, as long as they are filed directly against the individuals responsible for the abuse.

No Fees or Expenses Unless You Receive a Settlement

Saiontz & Kirk, P.A. is a nationally known injury law firm that is focused exclusively on representing individuals, we do not represent corporations or insurance companies.

Over the course of more than 40 years, clients of our law firm have collected more than $1 billion in compensation in cases involving product liability, medical malpractice, automobile accidents and other personal injury lawsuits.

All sex abuse cases are being handled on a contingency fee basis, which means that there are never any out-of-pocket costs to hire our lawyers and we receive no fees or expenses unless a recovery is obtained.

Protect your family and find out if you or a loved one may be entitled to a sexual abuse settlement.