Taking the step to learn about your legal rights after experiencing sexual abuse is an act of immense courage. For decades, survivors in Maryland faced a legal system with rigid, unforgiving deadlines that often closed the courthouse doors before they were ever ready to speak about what happened. But the landscape of justice in Maryland has been fundamentally and permanently altered.
In 2023, a groundbreaking new law, the Child Victims Act, was passed, creating new pathways to justice for countless survivors. In this post, we will explain how the old, restrictive laws have been replaced, detail the critical opportunities now available, and provide the clear, straightforward information you need to understand your legal options.
Key Takeaways About Maryland’s Filing Deadlines
- The Child Victims Act of 2023: This landmark legislation has dramatically changed the law in Maryland. It is the single most important development for survivors' rights in the state's recent history.
- Statute of Limitations Eliminated: For civil lawsuits involving childhood sexual abuse, the statute of limitations has been completely eliminated going forward. Survivors can now file a lawsuit at any age, without a deadline.
- A Lookback Window is NOW OPEN: The Act created a "lookback window" that opened on October 1, 2023, reviving claims that had long since expired under the old laws. This window is a critical opportunity for adult survivors of past abuse.
- No Distinction Between Institutions: The law applies equally to all responsible parties. The deadline has been eliminated for claims against both private institutions (like churches, private schools, and youth groups) and public institutions (like public schools). However, survivors may face different damage caps depending on whether the entity was private or public and when the abuse occurred.
- Deadline for Adult Abuse: For survivors who were 18 or older at the time of the abuse, the standard Maryland personal injury statute of limitations of three years generally still applies.
The Old System: Why Maryland Law Needed to Change
To fully appreciate the significance of the Child Victims Act of 2023, it is helpful to understand the restrictive system it replaced. For years, Maryland law required a survivor of childhood sexual abuse to file a civil lawsuit by the time they turned 38 years old.
While this may sound like a long time, it failed to account for the complex realities of trauma. The psychological impact of abuse can make it impossible for a survivor to come forward for decades. The process of grooming, manipulation, and the resulting feelings of shame, fear, and self-blame often create a long-lasting silence.
By the time many survivors felt ready to confront their past and seek accountability, they discovered that the legal system had already closed the courthouse doors. This system re-traumatized countless individuals and protected abusers and the institutions that enabled them.
Recognizing this profound injustice, lawmakers, advocates, and brave survivors fought for change, leading to the passage of a law that has reshaped the possibilities for justice in Maryland forever.
A New Dawn for Survivors: The Maryland Child Victims Act of 2023
Signed into law in April 2023 and taking effect on October 1, 2023, the Child Victims Act (CVA) is a sweeping piece of legislation. It does not just extend a deadline or create a temporary window; it removes the time barrier to justice entirely.
The End of All Deadlines for Childhood Abuse Claims
The core provision of the CVA is simple and powerful: it abolishes the statute of limitations for civil actions related to childhood sexual abuse.
The law, now found in the Maryland Courts and Judicial Proceedings Code § 5-117, states: "An action for damages for injury or loss suffered as a result of childhood sexual abuse may be commenced at any time."
This means that a survivor of abuse that occurred when they were a minor can now file a lawsuit at any point in their life, and the courthouse doors can no longer be closed to them because "too much time has passed." This permanent change acknowledges the scientific truth that the timeline for healing is unique to every survivor and cannot be dictated by an arbitrary legal clock.
A Permanent Pathway for Past and Future Claims
Crucially, the Child Victims Act was written to apply retroactively. This is the most significant aspect of the law for adult survivors today.
It means the law doesn't just apply to abuse that happens from 2023 onward. It revives all claims from the past that were previously barred by the old age-38 deadline. It is not a temporary "lookback window" that will close in a few years; it is a permanent reopening of the doors to the courthouse.
This permanent pathway to justice applies equally to all institutions, both public and private. There is no different or expiring deadline for claims against:
- The Catholic Church and other religious organizations
- Public and private schools and universities
- The Boy Scouts of America and other youth groups
- Hospitals, daycare centers, and camps
- State, county, or municipal entities
For any survivor of childhood sexual abuse in Maryland, the message is clear: your right to seek civil justice is no longer limited by time.
However, the law caps the amount a survivor can recover in a civil abuse lawsuit, depending on whether the entity is privately or publicly held and when the abuse occurred. If you are considering taking action against an entity that was responsible for allowing or hiding your abuse, talk with an experienced abuse lawyer to learn more about these limits.
Filing Deadlines for Survivors of Adult Abuse
The Child Victims Act is focused specifically on providing justice for survivors of abuse that occurred when they were minors. For individuals who were 18 years of age or older when they were sexually abused, the legal timeline is different.
These cases generally fall under Maryland’s standard statute of limitations for personal injury, which is three years from the date of the wrongful act. This is established in the Maryland Courts and Judicial Proceedings Code § 5-101.
In some circumstances, Maryland’s "discovery rule" may apply. This rule can delay the start of the three-year clock until the point in time when a person knew or reasonably should have known that they had been harmed. Given the complexities of trauma, this can be a crucial legal argument, and discussing its applicability to your specific situation with an attorney is highly recommended.
Frequently Asked Questions About Maryland Abuse Lawsuits
I'm in my 60s and was abused at a public school as a child. I thought my chance to sue was gone forever. Does this new law really apply to me?
Yes, absolutely. This is precisely the kind of situation the Child Victims Act was designed to address. Your previously expired claim was revived on October 1, 2023, when the law took effect. Because the statute of limitations has been permanently and retroactively eliminated for all claims of childhood sexual abuse—including those against public institutions—you now have the right to file a civil lawsuit at any time.
What if my abuser has passed away or the organization where it happened no longer exists?
You may still have a very strong case. A civil lawsuit is often focused on the institution's negligence, not just the individual abuser. Even if the perpetrator is deceased, the institution that hired, supervised, or concealed their actions may still be held financially responsible.
Similarly, even if an organization has dissolved, a legal claim can often be brought against its successor entity or, more commonly, against the insurance company that held the policy at the time the abuse occurred. These are complex issues that an experienced legal team can investigate on your behalf.
I am afraid to have my name made public. Can I file a lawsuit anonymously?
Yes. The Maryland courts are very familiar with the sensitive nature of these cases and routinely grant survivors the right to file lawsuits under a pseudonym, such as "Jane Doe" or "John Doe." This ensures your name and identity are protected from public records throughout the legal process, allowing you to seek justice without sacrificing your privacy.
Trust the Team at File Abuse Lawsuit to Help You Seek Justice in Maryland
The passage of the Child Victims Act has ushered in a new era of accountability in Maryland. For the first time, the law truly supports survivors, acknowledging the lifelong impact of abuse and permanently removing the unjust time barriers that stood in the way of justice. This permanent opportunity means you can take the time you need to decide what is right for you.
The team at File Abuse Lawsuit has dedicated their careers to advocating for survivors. We understand the immense weight of this decision and are committed to providing a safe, confidential, and empowering space for you to explore your options. Our focus is singular: helping you navigate the legal process with the compassion and dedication you deserve.
When you are ready, we invite you to contact us for a free, confidential, no-obligation consultation. This is your opportunity to ask questions and learn how the new Maryland law applies to your specific experience. Call us today at (209) 283-2205 or complete our secure online contact form. We are here to listen.