Maryland’s Child Victims Act of 2023 (“Act”) became effective on October 1, 2023, and was upheld by the Supreme Court of Maryland in its Opinion dated February 3, 2025 that found by a 5-to-4 majority that the new law, which ended the statute of limitations for child sexual abuse lawsuits (following a report that exposed widespread wrongdoing within the Archdiocese of Baltimore), was constitutional.
The Maryland Child Victims Act of 2023 stated:
(a) In this section, “sexual abuse” means any act that involves:
(1) An adult allowing or encouraging a child to engage in:
(i) Obscene photography, films, poses, or similar activity;
(ii) Pornographic photography, films, poses, or similar activity; or
(4) Sexual offense in any degree; or
(5) Any other sexual conduct that is a crime.
(b) Except as provided under subsection (d) of this section and notwithstanding any time limitation under a statute of limitations, a statute of repose, the Maryland Tort Claims Act, the Local Government Tort Claims Act, or any other law, an action for damages arising out of an alleged incident or incidents of sexual abuse that occurred while the victim was a minor may be filed at any time.
(c) Except as provided in §§ 5-303 and 5-518 of this title and § 12-104 of the State Government Article, the total amount of noneconomic damages that may be awarded under this section to a single claimant in an action against a single defendant for injuries arising from an incident or occurrence that would have been barred by a time limitation before October 1, 2023, may not exceed $1,500,000.
(d) No action for damages that would have been barred by a time limitation before October 1, 2023, may be brought under this section if the alleged victim of abuse is deceased at the commencement of the action.
Source: MD Code, Courts and Judicial Proceedings, § 5-117
Amendments to Maryland’s Child Victims Act of 2023
On April 22, 2025, Maryland Governor Wes Moore signed into law amendments to the Act, effective June 1, 2025, that reduces, from $1.5 million to $700,000, the total amount of noneconomic damages that may be awarded to a single claimant in an action against a single defendant for injuries arising from a claim or claims of child sexual abuse if the action is filed on or after June 1, 2025, and would have been barred by a time limitation before October 1, 2023.
Under the Maryland Tort Claims Act (“MTCA”), if the liability of the State or its units arises under one or more claims of sexual abuse that occurred when the claimant was a minor, the liability of the State or its units may not exceed $890,000 to a single claimant for injuries arising from the claim or claims. However, for an action filed on or after June 1, 2025, pursuant to the amended Act, the liability of the State or its units may not exceed $400,000 to a single claimant for injuries arising from the claim or claims (under the Local Government Tort Claims Act, for an action filed on or after June 1, 2025, that would have been barred by a time limitation before October 1, 2023, the liability of a local government may not exceed $400,000 to a single claimant for injuries arising from the claim or claims).
Additionally, under the amended law, in any action for damages filed on or after June 1, 2025, arising out of a claim or claims of sexual abuse that occurred while the claimant was a minor, counsel may not charge or receive fees that exceed 20% of the settlement or 25% of the judgment. (Under MTCA, attorneys may not charge or receive a fee that exceeds 20% of a settlement or 25% of a judgment, regardless of the type of claim/case.)
Because the amended Act substantially reduces that amounts recoverable by victims of sexual abuse as a minor for claims filed after May 31, 2025, potential claimants should immediately contact a Maryland lawyer who is handling these types of claims so that their claims may be filed before June 1, 2025, if appropriate.
If you or a loved one is the victim of sexual abuse as a child, you should immediately contact a Maryland lawyer handling this type of claim so that you may protect your right to receive compensation for your injuries.
Visit our website or call us at 800-295-3959 to find Maryland child sexual abuse claim lawyers to represent you, if appropriate.
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