Maryland's Top Court Grapples with Time Limits in Sex Abuse Cases

Legal Battle Could Reshape Landscape for Hundreds of Church Abuse Lawsuits

In a pivotal moment for survivors of sexual abuse and religious institutions alike, Maryland’s Supreme Court has taken on the contentious issue of whether eliminating time limits for filing sexual abuse lawsuits is constitutional. This landmark case could potentially open the floodgates for hundreds of lawsuits against the Catholic Church and other organizations accused of historical abuse.

5 Key Points

• Maryland’s Supreme Court is considering the constitutionality of a law eliminating time limits for sexual abuse lawsuits.
• The Archdiocese of Washington argues against being sued for decades-old cases.
• Abuse survivors and their advocates strongly support the new law.
• The case could impact hundreds of lawsuits against the Catholic Church and other institutions.
• A decision from the court is expected to take several months.

A Clash of Rights: Survivors vs. Institutions

At the heart of this legal battle is the Child Victims Act, passed last year by Maryland lawmakers. This groundbreaking legislation effectively erased the statute of limitations for filing sexual abuse cases, allowing survivors to seek justice regardless of when the abuse occurred. However, the Archdiocese of Washington oversees several Maryland churches and has challenged the law’s constitutionality, arguing that it unfairly exposes them to lawsuits for incidents dating back decades.

Richard Cleary, representing the Archdiocese, contended before the court that the new law infringes on a “substantive right” established by a measure passed six years earlier. That previous legislation had shielded the church from claims once victims turned 38 years old. “At the expiration of a specific period of time, the defendant obtains complete peace,” Cleary argued, emphasizing the church’s position that potential liability should have a finite endpoint.

Survivors’ Voices Ring Out

The courtroom drama has galvanized abuse survivors and their advocates, who view the Child Victims Act as a crucial step toward justice and healing. Dave Lorenz, himself a survivor who now works with victims of child sex abuse within the Catholic Church, didn’t mince words in his criticism of those opposing the new law. “They should just be ashamed of themselves,” Lorenz stated, highlighting the perceived hypocrisy of institutions claiming to support survivors while simultaneously fighting legal accountability.

Teresa Lancaster, whose abuse at the hands of the notorious Father Joseph Maskell in Baltimore has been extensively documented, underscored the life-and-death stakes of the court’s decision. “If our law is found unconstitutional, people will die,” Lancaster warned, emphasizing the profound impact that denial of justice can have on survivors’ mental health and well-being.

Legal Complexities and Scientific Realities

Attorneys representing victims argue that the unique nature of childhood sexual abuse necessitates a different legal approach to time limitations. Andrew Janet, one of the lawyers behind a class action lawsuit against the Washington archdiocese, pointed to scientific research supporting the often-delayed recall of abuse memories. “The insidious nature of child sexual abuse often makes it difficult for victims to come forward until decades after they’re actually abused,” Janet explained, highlighting the disconnect between traditional statutes of limitations and the psychological realities of abuse survivors.

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Divergent Strategies: Fighting in Court vs. Bankruptcy

While the Archdiocese of Washington has chosen to challenge the law in court, the neighboring Archdiocese of Baltimore has taken a different tack by filing for bankruptcy. This strategic move has complicated the legal landscape for survivors seeking justice in Maryland, underscoring the various ways in which religious institutions are responding to the changing legal environment.

Ripple Effects: Statewide Impact and Unfolding Inquiries

The Maryland Supreme Court’s eventual ruling will have far-reaching consequences, affecting not only cases involving the Catholic Church but all sexual abuse cases in the state. As the legal battle unfolds, the Maryland Attorney General’s office continues its investigations into abuse allegations across multiple dioceses, including those controlled by the Archdioceses of Washington and Wilmington, Delaware.

Jennifer Donelan, a spokesperson for the Office of the Attorney General, confirmed the ongoing nature of these investigations, noting, “We continue to receive information from survivors about allegations of child abuse… and we continue to investigate sexual abuse associated with the Archdiocese of Washington, DC and the Diocese of Wilmington, Delaware.”

As the Maryland Supreme Court deliberates on this landmark case, survivors, religious institutions, and legal experts alike await a decision that could fundamentally reshape the landscape of sexual abuse litigation in the state. The outcome will determine the fate of hundreds of potential lawsuits and set a precedent that could influence similar legal battles across the nation.