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Court Rules 2023 Child Victims Act is Constitutional

The Maryland Supreme Court has upheld a 2023 law that eliminated the statute of limitations for child sexual abuse lawsuits, paving the way for thousands of potential cases. The 4-3 ruling affirms the state legislature’s power to enact laws that retroactively allow victims to seek justice, regardless of how much time has passed.

Legal Battle Over Statute of Limitations

A major point of contention was whether the 2023 law unfairly stripped defendants of a “vested right” to be free from liability once the previous time limit expired. The 2017 law had imposed a statute of repose, effectively limiting when lawsuits could be filed against non-perpetrator defendants. The Roman Catholic Archdiocese of Washington, The Key School, and the Board of Education of Harford County argued that the new law improperly invalidated this restriction.

Chief Justice Matthew Fader, writing for the majority, rejected this argument outright. He clarified that statutes of limitations are not permanent shields from liability. The legislature, he stated, acted within its authority by lifting the time constraint, ensuring survivors could seek legal recourse.

Sharp Division Among Justices

The court was split on the issue, with three justices dissenting. Justice Jonathan Biran led the opposition, arguing that the legislature overreached by revoking protections that had already taken effect under the 2017 statute.

  • He insisted that once claims expired under the 2017 law, they could not be revived retroactively.
  • He also warned that altering statutes of repose could undermine legal stability for defendants.

Despite these concerns, the majority held firm, stating that the legislature’s intent was clear: to remove barriers that had historically prevented survivors from coming forward.

Maryland Supreme Court

Attorney General Supports Decision

Maryland Attorney General Anthony Brown praised the ruling, calling it a victory for survivors who have long sought accountability.

“The passage of time will not prevent survivors from seeking justice for sexual abuse they suffered as children,” Brown said in a statement. He emphasized the state’s role in defending the law and ensuring victims have a path forward.

Thousands of Cases Could Follow

The ruling is expected to have sweeping consequences. Maryland is currently in discussions about resolving up to 3,500 claims that could be filed under the 2023 law. Some allegations date back to incidents from the 1960s, highlighting how long survivors have waited for their day in court.

  • Many of these cases involve institutions such as schools, churches, and government agencies.
  • The Archdiocese of Baltimore is particularly vulnerable, as it has faced increasing scrutiny for past handling of abuse allegations.
  • Legal experts predict a wave of lawsuits that could lead to significant settlements or trials.

For survivors, this decision represents a long-awaited acknowledgment of their suffering. For institutions, it signals a new era of accountability.

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