On April 11, 2023, Maryland Governor Wes Moore signed the Child Victims Act into law. This landmark legislation allows survivors of childhood sexual abuse to pursue legal action against their abusers and their enablers, even if the statute of limitations had previously expired. The Act acknowledges the profound trauma and enduring impact of childhood abuse, which often prevents survivors from coming forward until many years later.

Under this Act, damages for private entities are capped at $1.5 million for non-economic losses, such as pain and suffering. However, there is no cap on damages related to the costs of essential services like therapy. For public entities, such as school boards and local governments, the cap is set at $890,000.

The passage of this bill coincided with the release of a Maryland Attorney General’s report detailing the abuse of more than 600 children and adolescents by Catholic priests within the Archdiocese of Baltimore. State investigators, who began their work in 2019, reviewed more than 100,000 pages of documents dating back to the 1940s and interviewed hundreds of victims and witnesses.

Despite the Act’s intent to provide justice, its constitutionality has been challenged, leading the Maryland Supreme Court to take up the issue. Oral arguments are scheduled for September 10, 2024. Opponents argue that the Act violates due process by reviving claims that were previously time-barred, potentially exposing individuals and institutions to lawsuits many years after the alleged abuse occurred.

Proponents of the Act counter that it serves a compelling state interest by protecting children and offering a legal pathway for those who have suffered unimaginable abuse. They assert that the Act is a crucial response to the unique challenges faced by survivors, who often need years, if not decades, to process their trauma and come forward.

Survivor’s Advisory Board member Robert K. Jenner remarked, "We stand on the brink of a monumental decision—one that will determine whether the doors to justice remain open for those who have been wronged. The Maryland Child Victims Act is a beacon of hope, and we will continue to fight to ensure that it withstands the test of time."