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MARYLAND LEGISLATION REPEALING THE STATUTE OF LIMITATIONS FOR CIVIL SUITS BASED
ON CHILD SEXUAL ABUSE IS SIGNED INTO LAW

Venable LLP
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USA April 12 2023

Yesterday, Governor Wes Moore signed into law the Child Victims Act of 2023,
which permits survivors of child sexual abuse to file a civil lawsuit at any
time, repealing both the current statute of limitations and the statute of
repose (laws that establish when civil claims are time-barred and can no longer
be initiated). Maryland is now the sixteenth state to repeal its statute of
limitations for civil child abuse claims, making it easier for survivors of
child sexual abuse to bring civil suits based on abuse that occurred decades
earlier.

Pursuant to a 2017 amendment to the statute of limitations, survivors of child
sexual abuse were previously able to file a civil suit until they were 38 years
old, unless the abuse occurred prior to the passage of the 2017 amendment, in
which case they could file a civil suit until they were 21 years old. The Child
Victims Act of 2023 entirely eliminates these statutes of limitations, allowing
survivors to file a civil suit arising from allegations of child sexual abuse at
any time.

In repealing the statute of repose, which bars claims from being filed that have
expired under previous statutes of limitations, the Child Victims Act of 2023
creates an unlimited lookback period and revives claims that were previously
time-barred. This unlimited lookback period is unique among states that have
recently amended their child abuse laws. Some states, such as New York and New
Jersey, created limited lookback periods (one or two years), during which
survivors of child sex abuse are able to file claims that were previously
time-barred. Maryland is the first state to pass a lookback period of indefinite
duration.

Finally, the Child Victims Act of 2023 also increases the statutory cap on civil
damages for child sexual abuse. Under the law, damages against public school
boards and government entities are capped at $890,000, while damages against
private institutions, including independent schools, are capped at $1.5 million.
The damages cap applies to each incident of abuse.

Independent schools should expect that the constitutionality of the Act's repeal
of the statute of repose will be the subject of litigation after the bill is
passed. Such a court challenge will take time and could delay the October 1,
2023 effective date of the Child Victims Act of 2023, giving schools time to
plan and prepare before child abuse cases brought under the law may be heard in
Maryland courts.

Venable LLP - Caryn G. Pass, Grace H. Lee, Janice P. Gregerson and Ashley E.
Sykes

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