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If You Are a Sexual Abuse Survivor in Maryland, What is the Deadline for Taking Legal Action?
In Maryland, how much time do you have to bring a sexual abuse lawsuit? That answer depends on whether you were an adult or a child when the abuse took place. In either case, to prevail with a sexual abuse claim, you are going to need the help of a Baltimore sexual abuse lawyer.
Sexual abuse is always considered a serious and egregious crime, and childhood sexual abuse is considered even more heinous. What are the laws that address sexual abuse in the State of Maryland? What are the deadlines in this state for sexual abuse survivors to take legal action?
And how will a Baltimore sexual abuse attorney help you seek justice and receive compensation for your treatment and counseling costs, your pain and psychological suffering, and your related losses and damages?
What Does the Law in Maryland Provide Regarding Sexual Abuse Claims?
In 2023, lawmakers in Maryland passed the Child Victims Act, which abolishes the statute of limitations for civil childhood sex abuse cases in this state. A survivor of child sexual abuse may now come forward without a deadline when that person is ready and able to take legal action.
With the Child Victims Act, Maryland is now one of the states that give the survivors of childhood sexual abuse a fresh chance to pursue justice (and to recover compensation) for the abuse they have suffered. However, only child sex abuse is covered by the Child Victims Act.
If you were an adult (18 or over) in Maryland when you became a victim of sexual abuse, you are not covered by the Child Victims Act. Maryland’s statute of limitations gives you only three years to bring a sexual abuse lawsuit against an abuser or an institution that enabled the abuse.
For What Reasons Did Maryland Lawmakers Approve the Child Victims Act?
Children do not fully comprehend sexual abuse, and they can’t consent to sexual activity or contact. Some abuse survivors fear retaliation if they come forward, while others are kept from coming forward by shame, depression, and in some cases, PTSD (post-traumatic stress disorder).
A growing legal movement has been persuading lawmakers across the United States that childhood sexual abuse survivors should have as much time as they need to deal with their trauma and should not be prevented from seeking justice merely because they need that time.
Every year, more states are eliminating the statute of limitations for bringing civil lawsuits against child sexual abusers and against the institutions that enable childhood sexual abuse. For the survivors of childhood sexual abuse in Maryland, justice no longer has an expiration date.
What Legal Steps Can a Sexual Abuse Survivor Take?
Prosecutors in criminal proceedings must prove a defendant’s guilt “beyond a reasonable doubt,” but that’s not necessary with a civil lawsuit. You and your Baltimore sexual abuse attorney will only have to prove it’s “more likely than not” that the defendant is liable for sexual abuse.
A victim of sexual abuse in Maryland may bring a civil lawsuit against his or her abuser and any organization or institution that enabled the abuse. If you are a child sexual abuse survivor, when you are ready and able, schedule a consultation with a Baltimore sexual abuse lawyer.
In order to prevail with a civil sexual abuse claim in this state, you and your lawyer must develop a persuasive case and an effective legal strategy. Your attorney may seek evidence from any of these (and other) sources:
- Friends, family members, and others may know about your relationship with the abuser and how it affected you. Other victims of the abuser may also provide statements or testimony on your behalf.
- There may be medical records showing that you were examined and/or treated for the psychological and physical symptoms of sexual abuse.
- If an institution was involved, that institution’s records may indicate that the leadership knew about ongoing sexual abuse and failed to respond appropriately.
- An expert witness may be called upon to offer testimony or a statement in support of your sexual abuse claim.
How Will Your Civil Sexual Abuse Claim Be Handled?
Most civil claims in Maryland, including abuse claims, are resolved when the lawyers for both sides privately reach an out-of-court settlement. However, if liability is denied by the defendant or if no reasonable settlement sum is forthcoming, your attorney will take your claim to trial.
At a civil sexual abuse trial, your attorney will explain how you were abused, the extent of the abuse, and how it has affected your life. Your attorney will explain why the defendant is liable for the abuse and will ask the jurors to find in your favor and award monetary compensation.
Damages for sexual abuse claims filed against institutions in Maryland are capped at $890,000 for government schools and agencies and at $1.5 million for private schools and organizations. At trial, your lawyer will ask the jury for compensation that is sufficient to cover your:
- medical costs for your doctors, treatment, counseling, and related expenses
- emotional trauma and psychological suffering
- physical suffering and pain
- a reduced quality of life because of issues with your mental health, and/or
- a reduced earning capacity because of issues with your mental health
Let Andreozzi + Foote Handle Your Sexual Abuse Claim
If you have been victimized by sexual abuse in the State of Maryland, whether that abuse took place when you were a child or an adult, make the call and schedule a consultation as soon as possible to discuss your case with the legal team at Andreozzi + Foote.
The attorneys at Andreozzi + Foote hold institutions and abusers accountable for sexual abuse. We know how hard it can be for an abuse survivor to come forward, so we strive to make every client comfortable throughout each stage of the legal process.
We know how to help sexual abuse survivors obtain justice and closure. To learn more, or to launch the legal process today, reach the legal team at Andreozzi + Foote by calling 866-311-8640. We will provide an in-depth evaluation of your case for no cost and with no obligation.
