The Maryland Child Victims Act of 2023 went into effect on October 1st, 2023. Among other things, this new law:
- Eliminated the Statute of Limitations: The Act has eliminated the deadline to file a civil suit for childhood sex abuse claims in Maryland. Previously, victims had until their 38th birthday to pursue such a claim.
- Introduced a Lookback Window for Past Abuse: The Act includes a lookback window, allowing survivors to file claims for sex abuse that occurred in the state of Maryland in the past, even if the statute of limitations had previously expired.
The Impact of the Legislation
Many view the Maryland Child Victims Act as a significant victory for survivors, advocates, and all those who have fought tirelessly for systemic change. However, some have argued that the law is unconstitutional, and its enforceability has been challenged in court since its enactment.
In March 2024, Judge Jeannie Cho of the Montgomery County Circuit Court held that the Maryland Child Victims Act violates Maryland’s State Constitution and Declaration of Rights. The constitutionality of the Act is now under review by the Maryland Supreme Court, which is set to hear oral arguments later this year.
Impact for Businesses
Private entities, such as private schools and churches, have already been sued under the new law, which states that they could potentially be held liable for up to $1.5 million in damages. Accordingly, it is critical that businesses’ whose employees work with children – such as schools, camps, and sports clubs – take proactive steps to prevent, investigate, and address sex abuse. Thatcher Zavaro & Mani can help you take such steps. If you have questions about the Maryland Child Victims Act of 2023 or any other employment law issues, please call our office at 301-441-1400 to schedule an appointment with one of our attorneys. www.thatcherlaw.com
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