In a major legal decision, the Maryland Supreme Court has upheld the state’s Child Victims Act (CVA) of 2023, ruling that it does not violate the state constitution.

This means survivors of childhood abuse can now file civil lawsuits against alleged abusers—no matter how long ago the abuse took place.

The ruling is a significant victory for victims’ rights advocates and a major shift in Maryland law, removing previous restrictions that limited the timeframe for survivors to seek justice.

Overturning the 20-Year Time Limit

Before the 2023 law was passed, Maryland had a 20-year statute of limitations on civil child abuse lawsuits.

This meant that victims had only two decades after reaching adulthood to file claims.

The CVA changed that, eliminating the deadline altogether and opening the door for lawsuits against institutions, including religious organizations, that may have previously been shielded.

The law, which was overwhelmingly supported by the Maryland Legislature and signed by Governor Wes Moore, effectively repealed a 2017 legal provision known as a “statute of repose.”

Unlike a standard statute of limitations, which sets a deadline for legal action, a statute of repose is generally stricter and meant to provide defendants with permanent protection from liability after a certain period.

Legal Challenge Fails in Supreme Court

The challenge to the law was led by three plaintiffs, including the archbishop of Washington, D.C., who argued that the 2017 statute of repose had granted them a legal right to be “free of liability” after the deadline had passed.

They claimed that revoking this protection through the 2023 CVA was unconstitutional.

However, the Maryland Supreme Court disagreed in a 4-3 decision, ruling that the 2017 law was actually a statute of limitations—not a statute of repose.

Because of this distinction, the justices determined that the 2023 law did not unlawfully take away any vested legal rights.

Dissenting Opinion Questions the Ruling

Not everyone on the high court agreed with the decision.

Justice Jonathan Biran, one of the three dissenting judges, argued that the ruling misinterpreted the intent of the 2017 law.

He pointed out that the law explicitly used the term “statute of repose,” suggesting that lawmakers had indeed meant to create a permanent legal shield for defendants.

Despite this disagreement, the majority ruling stands, ensuring that the Child Victims Act of 2023 remains in effect.

What This Means for Survivors

With the Supreme Court’s decision, survivors of childhood abuse in Maryland now have a path to seek justice in civil court, no matter how much time has passed since the abuse occurred.

This is particularly impactful for those who may have felt unable to come forward until later in life.

Advocates for survivors have hailed the ruling as a step toward accountability, while opponents argue that it could lead to a flood of lawsuits against institutions that had previously been protected under the old law.

This article was published on TDPel Media. Thanks for reading!

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