Maryland’s New Child Sexual Abuse Law: In 2018, the Maryland Office of the Attorney General launched a Grand Jury investigation into the Archdiocese of Baltimore, examining criminal allegations of child sexual abuse by clergy, seminarians, deacons, and employees of the Archdiocese. The Office of the Attorney General also set out to investigate efforts by the leadership of the Catholic Church to hide sexual abuse. The Grand Jury of Baltimore City issued subpoenas to the Archdiocese, as well as to individual parishes, religious orders, and St. Mary’s Seminary. Hundreds of thousands of documents dating back to the 1940s were produced in response to the subpoenas, including treatment reports, personnel records, transfer reports, and policies and procedures.
The resulting report entitled “Attorney General’s Report On Child Sexual Abuse In The Archdiocese Of Baltimore” issued in April 2023 stated, in part: “The incontrovertible history uncovered by this investigation is one of pervasive and persistent abuse by priests and other Archdiocese personnel. It is also a history of repeated dismissal or cover up of that abuse by the Catholic Church hierarchy. While every victim’s story is unique, together they reveal themes and behaviors typical of adults who sexually abuse children, and of those who enable abuse by concealing it. What was consistent throughout was the absolute authority and power these abusive priests and church leadership held over victims, their families, and their communities.
Abusers often singled out children who were especially isolated or vulnerable because of shyness, lack of confidence, or problems at home, and they presented themselves as protectors and friends of the children and their families. Abusers preyed upon the children most devoted to the church: the altar servers and choir members, those who participated in church youth organizations and the Scout troops, and especially those who worked in the rectories answering telephones in the evening and on the weekends. They groomed the victims with presents and special attention. They told their victims the abuse was “God’s will” and that no one would doubt the word of a priest. Some threatened that the victim or victim’s family would go to hell if they told anyone. They attempted to normalize sexual behavior as “rough housing.” When confronted, they denied the behavior if plausible. If denial was impossible, they would minimize the extent of the abuse and describe it as weakness or aberration.
Until recent decades, church officials who received complaints of abuse behaved no better. Time and again, bishops and other leaders in the church displayed empathy for the abusers that far outweighed any compassion shown to the children who were abused. These leaders repeatedly accepted the word of abusers over that of victims and their families. They conflated pedophilia with alcoholism and other substance use disorders, and they exhibited a misplaced reliance on “treatment.” When “investigations” were conducted, they were done by clergy who were neither trained as investigators nor independent of the church. These “investigators” typically questioned only the victim and abuser and made little or no attempt to seek corroboration or evidence of additional victims. They afforded the abuser’s denial equal or greater weight than the victim’s allegations. In some cases where even the most inadequate of investigations revealed undeniable abuse, the Archdiocese removed the abuser from the parish, but gave either no reason or a false reason for the removal. In many cases, the abuser was transferred—often multiple times—to another parish without warning to parishioners of the prior abuse.”
On April 11, 2023, Maryland Governor Wes Moore signed into law the Child Victims Act of 2023 (“Act”). The Act establishes that an action for damages arising out of an alleged incident or incidents of “sexual abuse,” as defined under the Act, that occurred while the victim was a minor may be filed at any time. However, no action for damages that would have been barred by a time limitation before October 1, 2023, may be brought if the alleged victim of child sexual abuse is deceased at the commencement of the action. The Act must be construed to apply retroactively to revive any action that was barred by the statutory period of limitations applicable before October 1, 2023.
The Act repeals existing provisions addressing the filing of actions for damages arising out of incidents of child sexual abuse under § 5-117 of the Courts and Judicial Proceedings Article and also repeals provisions from Chapters 12 and 656 of 2017 establishing that the statute of repose in existing statute must be construed to apply both prospectively and retroactively to provide repose to defendants regarding actions that were barred by the application of the period of limitations applicable before October 1, 2017. The Act’s provisions are severable.
“Sexual abuse” means any act that involves an adult allowing or encouraging a child to engage in:
– obscene photography, films, poses, or similar activity; pornographic photography, films, poses, or similar activity; or prostitution;
– incest;
– rape;
– sexual offense in any degree; or
– any other sexual conduct that is a crime.
Except as provided under the Maryland Tort Claims Act, the Local Government Tort Claims Act, and specified provisions pertaining to county boards of education, 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 an incident or occurrence that would have been barred by a time limitation before October 1, 2023, may not exceed $1.5 million. If the liability of a local government, a county board of education, the State, or the State’s units arises under a claim of sexual abuse, the liability may not exceed $890,000 to a single claimant for injuries arising from an incident or occurrence.
The Act increases the minimum comprehensive liability coverage county boards of education must carry under statute to reflect this $890,000 liability limit with respect to sexual abuse claims. Consistent with existing statute, a county board of education may raise the defense of sovereign immunity to any amount above the limit of its insurance policy. If a county board of education is self-insured or a member of a public entity self-insurance pool, the board may raise the defense of sovereign immunity to any amount above $890,000 to a single claimant for claims arising from each incident or occurrence if the liability of the board arises from a claim of sexual abuse.
We are currently investigating child sexual abuse claims that may be brought under Maryland’s Child Victims Act of 2023. If you or a loved one may be a child sexual abuse victim in Maryland, you should consult with a Maryland lawyer who may investigate your child sexual abuse claim for you and represent you or your loved one in a Maryland child sexual abuse case, if appropriate.
Visit our website or call us toll-free in the United States at 800-295-3959 to find Maryland child sexual abuse lawyers who may assist you.
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