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The Supreme Judicial Court struck down the Maine Child Sexual Abuse Law and has declared it unconstitutional. The 2021 law that removed the statute of limitations for civil claims of child sexual abuse was a huge win for victims. This decision represents a significant setback for survivors seeking justice for past abuses.
Maine Child Sexual Abuse Law
Prior to the recent Maine Supreme Judicial Court ruling, Maine law, as amended in 2021, allowed survivors of child sexual abuse to file civil lawsuits regardless of when the abuse occurred. Effectively removing the statute of limitations for these claims. This law serving as a beacon of hope for many survivors previously barred from seeking justice due to expired time limits.
However, the court’s decision deems this law unconstitutional as it applies to cases where the statute of limitations had already expired before the law was enacted. As a result, survivors previously time-barred are unable to pursue civil lawsuits. Thus significantly limiting their ability to hold abusers and enabling institutions accountable.
The Realities of Child Sexual Abuse
Reinforcing the misunderstanding of the enduring impact of child sexual abuse, this case is a major set back for survivors. Research indicates that the majority of victims delay disclosure of their abuse, often taking decades to come forward. The average age of disclosure is 52. This delay resulting from the deep-seated trauma, shame and complex psychological effects that accompany abuse.
The court’s ruling not only denies justice to those whose claims have expired but also perpetuates a legal environment that favors perpetrators and the institutions that may have shielded them. By upholding arbitrary time constraints, we fail to acknowledge the unique challenges faced by survivors.
States are enacting reforms to extend or eliminate these time limits, understanding that justice should not be bound by an arbitrary timeline.
We Are Here to Help
At Andreozzi + Foote, we stand unwaveringly with survivors. We understand the courage it takes to come forward. We are advocating for the rights of those affected by child sexual abuse. This recent ruling strengthens our resolve to fight for legal reforms that prioritize the needs and realities of survivors.
The journey toward justice is fraught with challenges. Contact us today for guidance 1-866-753-5458
