On February 3, 2025, the Maryland Supreme Court ruled in favor of upholding the Child Victims Act of 2023, affirming the law’s constitutionality and clearing the way for survivors of child sexual abuse to seek justice, regardless of when the abuse occurred. This landmark decision represents a major step forward for survivors and advocates who have long fought against restrictive statutes of limitations.
The Child Victims Act and Its Legal Challenges
The Child Victims Act of 2023 eliminated time constraints that had previously prevented survivors of child sexual abuse from filing civil claims after a certain age. Before the Act, survivors in Maryland were required to file lawsuits before turning 38 years old. Now, they can pursue legal action at any time, regardless of their age.
This change was crucial for many survivors, as research shows that the trauma of childhood sexual abuse often prevents individuals from coming forward until decades later. However, opponents of the Act, including the Board of Education of Harford County, The Key School in Annapolis, and the Roman Catholic Archdiocese of Washington, challenged the law’s constitutionality, arguing that removing the statute of limitations retroactively violated their vested rights.
One key case, Board of Education of Harford County v. Doe, involved a plaintiff represented by Laffey Bucci D’Andrea Reich & Ryan and Blank Kim P.C. The plaintiff, John Doe, suffered abuse by a teacher and a janitor while attending Harford County schools in the 1980s and 1990s. With the Child Victims Act in place, Doe was able to file his case, but the Board of Education argued that retroactively allowing time-barred claims violated Maryland’s Constitution.
The Maryland Supreme Court’s Ruling
In its consolidated opinion, the Maryland Supreme Court rejected the challengers’ arguments and ruled that the Act is in fact constitutional. The Court determined that the previous time constraints were statutes of limitations, not statutes of repose, meaning they did not create a vested right for institutions to be immune from lawsuits once a deadline passed.
The Court emphasized that the General Assembly had the authority to remove these limitations, particularly given the significant state interest in providing justice for survivors of child sexual abuse.
What This Means for Survivors
With this ruling, survivors who were previously barred from filing lawsuits in Maryland due to expired statutes of limitations now have the opportunity to seek justice in civil court. Institutions, including schools, religious organizations, and youth programs, that previously escaped liability due to outdated laws may now be held accountable thanks to this ruling.
The decision also sets an important precedent for other states considering similar reforms. While states like New York, New Jersey, and California have already extended or removed the statute of limitations for child sexual abuse claims, other states still impose restrictive deadlines. Maryland’s ruling strengthens the movement for nationwide reforms aimed at protecting survivors’ rights.
The attorneys at Laffey Bucci D’Andrea Reich & Ryan are advocates for victims of childhood sexual abuse. Victims should always have the right to pursue legal action, whether the incident occurred last week or decades ago. Institutions that shielded these perpetrators should be held accountable to the law. No matter the outcome, our team will continue our efforts to represent the most vulnerable in our communities and bring perpetrating and enabling sexual abuse to justice in the civil courts.