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Supreme Court rules Maryland Child Victims Act of 2023 is constitutional, paving way for flood of lawsuits

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ANNAPOLIS, Md. — Maryland's Child Victims Act of 2023 is constitutional, according to a February 3 ruling from the State Supreme Court.

The act went into effect last October allowing victims of child sex abuse to sue their alleged perpetrators without any statute of limitations.

This stemmed from a 456 page investigative report into sexual abuse within the Archdiocese of Baltimore.

The act overrode previous state legislation passed in 2017 which gave victims a limit of 20-years to file civil action.

Arising from this revised legislation was a federal lawsuit against The Church of Jesus Christ of Latter-Day Saints (LDS).

A woman reported being sexually abused as a child between 1983 and 1985 at an LDS congregation in Camp Springs, Maryland.

Before hearing the case, a federal judge ordered Maryland's Supreme Court to rule on the act's constitutionality.

If deemed unconstitutional, the woman would be unable to bring legal action against the church due to elapsed time.

LDS attorneys argued the act violated Article 24 of Maryland's Declaration of Rights.

Survivors, advocates speak on court confirming the Child Victims Act

Supreme Court rules Maryland Child Victims Act of 2023 is constitutional

The Maryland Supreme Court on Monday disagreed, paving the way for floods of lawsuits that have already been filed since the Child Victims Actwent into effect.

"We hold that the relevant provision of the 2017 law created a statute of limitations and that the running of a statute of limitations does not establish a vested right to be free from liability from the underlying cause of action," wrote Chief Justice Matthew Fader. "We further hold that it was within the power of the General Assembly to retroactively abrogate that statute of limitations. The Child Victims Act of 2023 is therefore constitutional as applied to the defendants in the three cases before us."

Phil Federico, a partner at the law firm Brockstedt Mandalas & Federico represents victims alleging childhood sexual abuse at institutions like the Archdiocese of Baltimore.

"This ruling is a crucial victory for survivors of childhood sexual abuse in Maryland, affirming their right to seek justice and hold abusers and institutions accountable," said Federico. "After decades of being denied their day in court because of arbitrary legal barriers, this ruling sends a powerful message that Maryland stands with survivors. We look forward to continuing to advocate for our clients as their cases move forward."

Last month WMAR-2 News reported on concerns Maryland lawmakers have over lack of available funding to settle lawsuits with victims alleging sexual abuse within state juvenile facilities going back as far as the 1960s.

MORE: Maryland scrambling to fund child abuse settlements

To read the court's full ruling, click here.