Civil Claims for Childhood Sexual Abuse Under the Maryland Child Victims Act
The Maryland Child Victims Act recently abolished the civil statute of limitations for child sexual abuse. Survivors can now file lawsuits against abusers and the institutions that protected them, regardless of when the abuse occurred.
For decades, survivors of childhood sexual abuse in Maryland were locked out of the civil justice system due to restrictive statutes of limitations. By the time many survivors felt safe enough to come forward, their legal time limits had long expired. That changed with the passage of the Maryland Child Victims Act (MCVA) in 2023. This monumental legislation opened the courtroom doors, allowing survivors across the state-from Rockville to Baltimore-to finally seek justice and hold abusers and negligent institutions fully accountable. If you are a survivor ready to explore your legal options, our directory can connect you with an empathetic and experienced local attorney.
The Maryland Child Victims Act: No More Hidden Clocks
Prior to the MCVA, Maryland law generally required survivors to file their claims by the time they reached age 38. Now, under Md. Code, Cts. & Jud. Proc. § 5-117, there is absolutely no statute of limitations for filing a civil lawsuit related to childhood sexual abuse. The law is retroactive, meaning it applies to abuse that happened 10, 20, or even 50 years ago. Survivors can seek compensation for past and future medical expenses, psychiatric care, lost earning capacity, and profound emotional distress. Cases are generally filed in higher trial courts, such as the Circuit Court for Montgomery County, Rockville or the Circuit Court for Baltimore County, Towson.
Suing Clergy Members and Religious Institutions
Many MCVA lawsuits focus on institutional liability. Rather than just suing the individual perpetrator (who may be deceased or bankrupt), survivors often bring claims against the organizations that enabled the abuse. Religious institutions can be held liable for "negligent hiring" or "negligent retention" if they knew, or should have known, that a clergy member posed a danger to children but failed to remove them. Courts look closely at whether the institution transferred known abusers from one parish to another to protect the church's reputation, exposing new children to harm in the process.
Holding Boy Scouts and Youth Organizations Liable
Youth organizations, sports leagues, and summer camps are tasked with the highest duty of care to protect children. When they fail to conduct proper background checks or ignore reports of inappropriate behavior from scoutmasters or coaches, they bear civil liability. Survivors filing against these massive organizations frequently utilize complex litigation strategies. Your attorney might initiate the process by filing a Form CC-DCM-002, Maryland, Circuit Court, Civil - Non-Domestic Case Information Report alongside the formal complaint, detailing how the organization's systemic failures directly caused the harm.
Navigating Sovereign Immunity for Abuse in Public Schools
Holding a public school district liable is significantly different from suing a private church or charity. Government entities in Maryland are generally protected by the Local Government Tort Claims Act (LGTCA), found in Md. Code, Cts. & Jud. Proc. § 5-301. Historically, the LGTCA required plaintiffs to provide formal "notice of claim" to the local government within one year of the injury, creating a massive barrier for historical abuse survivors. However, recent legal shifts and the MCVA framework have created specific pathways to override these immunities for sexual abuse claims. Precedents regarding school duty, such as those discussed in Board of Education of Prince George's County v. Marks-Sloan, 428 Md. 1 (MD Court of Appeals 2012), highlight the evolving nature of municipal liability, but navigating these government shields requires a highly specialized attorney.
What to Expect During the Lawsuit
Pursuing an MCVA claim requires courage. The litigation process can take anywhere from 1 to 3 years. It involves extensive "discovery," where your legal team will demand internal files, HR records, and secret archives from the institution. The goal is to prove a pattern of cover-ups. Many of these cases end in substantial confidential settlements before a jury trial is necessary, as institutions desperately want to avoid public courtroom battles that expose their negligence.
Steps in an MCVA Civil Claim
| Phase of Litigation | Description of the Process |
|---|---|
| Initial Consultation | A private, confidential meeting with a trauma-informed lawyer. |
| Investigation | Gathering historical records, medical files, and identifying witnesses. |
| Filing the Complaint | Officially opening the lawsuit in a Maryland Circuit Court. |
| Discovery Phase | Demanding internal documents and deposing institutional leaders. |
| Settlement or Trial | Negotiating a financial resolution or presenting the case to a jury. |
Frequently Asked Questions (FAQ)
What if the person who abused me has already passed away?
You can still file a lawsuit. The claim is often brought against the institution (school, church, camp) that employed the abuser and negligently allowed the abuse to happen.
Can I file my lawsuit anonymously in Maryland?
Yes. Maryland courts frequently allow survivors of sexual abuse to file their civil lawsuits under a pseudonym, such as "John Doe" or "Jane Doe," to protect their privacy from the public.
How much will it cost to hire a lawyer for this?
Almost all attorneys who handle MCVA cases work on a contingency fee basis. This means you do not pay any upfront hourly fees; the lawyer only gets paid a percentage if they win a settlement or verdict for you.
What if the abuse happened 40 years ago?
Because the MCVA abolished the statute of limitations retroactively, you are legally permitted to file a lawsuit regardless of how many decades have passed since the abuse occurred.
Will I have to testify in court?
While it is possible if the case goes to trial, the vast majority of institutional abuse cases are settled privately out of court to spare the survivor the trauma of testifying publicly.
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