Child sexual abuse is a deeply troubling and devastating crime that can have lifelong consequences for survivors. Legal recourse for survivors is essential,but the statutes of limitations (SOL) can be a significant hurdle in seeking justice. In Maryland,the SOL for child sexual abuse claims has undergone significant changes over the years,and it’s crucial for survivors and their advocates to understand the current laws and their implications.
Child sexual abuse lawyer Aaron Blank made the following comment,“I want survivors to be aware of the recent improvements in our state’s statute of limitations. The extension to age 38 provides survivors with more time to come forward and seek justice. However,it’s crucial to understand the additional evidentiary requirements for claims against non-perpetrator defendants when a victim is over the age of twenty-five.”
Civil SOL Snapshot
Age Cap: Age 38
Discovery Tolling: None
Revival Law: None
Maryland’s civil SOL for child sexual abuse claims is currently set at age thirty-eight for all defendants. This means that survivors have until their thirty-eighth birthday to file a civil lawsuit against their perpetrators. However,it’s important to note that there are additional evidentiary requirements for claims against non-perpetrator defendants when a victim is over the age of twenty-five.
Liability Limitations
One important consideration when pursuing a child sexual abuse claim in Maryland is the liability limitations. The State of Maryland is immune from CSA claims if it is not the alleged perpetrator. Additionally,the state cannot be held liable for punitive damages or other damages arising from a single occurrence that exceeds $400,000.
Charitable immunity is another factor to be aware of. It is based on the “trust fund theory,” meaning immunity applies only when assets of the charitable organization are held in trust,either expressly or by implication,and when the corporation has no liability insurance covering the act. If an organization carries insurance,recovery is limited to the policy limits.
Other Tolling Theories/Causes of Action
Maryland recognizes that a defendant’s fraudulent concealment will toll a statute of limitations. However,it’s important to note that this doctrine has not been sufficiently pled in child sexual abuse-related cases. Survivors and their legal counsel should explore all available legal avenues to ensure justice is served.
Civil SOL History
Understanding the history of the civil SOL for child sexual abuse claims in Maryland provides important context for survivors and their advocates.
- In 2002,the age cap was set at age 21 (age of majority,18,plus 3 years) for child sexual abuse claims.
- In 2003,the age cap was extended to age 25 (age of majority,18,plus 7 years).
- The most significant change occurred in 2017 when the age cap was extended to age 38 (age of majority,18,plus 20 years). This change has given survivors more time to come forward and seek justice.
- Additionally,the SOL for claims against perpetrators was extended to 3 years after the perpetrator is convicted of a crime related to the victim’s abuse under the law of the federal government or any state.
- For actions brought after a victim is age 25 against defendants other than the perpetrator,duty of care,control,and gross negligence must be proven.
Revival Law
Maryland does not have a window or other SOL revival law for child sexual abuse claims. This means that survivors must adhere to the current SOL,which is age 38,without the possibility of a revival law providing an extended timeframe for filing claims.
Discovery
Maryland does not have a common law discovery rule for child sexual abuse claims,and there is no statutory discovery rule for CSA either. This means that survivors must be aware of the SOL and take action within the specified timeframe.
Conclusion
Understanding the statute of limitations for child sexual abuse claims in Maryland is crucial for survivors and their advocates. While the SOL has been extended to age 38,survivors should be aware of the evidentiary requirements and liability limitations that may affect their cases. It’s also important to explore all available legal avenues,including fraudulent concealment,to ensure that justice is served for survivors of child sexual abuse.