Defending Justice: Upholding the Constitutionality of the Maryland Child Victims Act
In a landmark case that could reshape the legal landscape for survivors of childhood sexual abuse, a team of law firms, including Hogan Lovells, Jenner Law, Grant & Eisenhofer, and Baird Mandalas Brockstedt & Federico, have filed the principal brief in support of the constitutionality of the Maryland Child Victims Act. This crucial piece of legislation, designed to provide justice to survivors long after the abuse occurred, is now under review by the Maryland Supreme Court. The case was certified from the United States District Court for the District of Maryland, where one of our clients, Valerie Bunker, courageously brought forth her claim. Valerie Bunker v. The Key School, Inc., Civil No. 1:23-cv-02662 (USDC MD).
Background of the Case
The Maryland Child Victims Act was enacted to allow survivors of childhood sexual abuse to bring legal claims against their abusers, even if the statute of limitations had previously expired. This Act recognizes the significant trauma and long-lasting impact of childhood abuse, which often prevents survivors from coming forward until many years later. However, the Act’s constitutionality has been challenged, prompting the Maryland Supreme Court to take up the issue.
Valerie Bunker’s case exemplifies the need for this legislation.
Ms. Bunker was a student at The Key School in Annapolis during the 1970’s. Some teachers and administrators there preyed upon her and other young students as part of a wider pattern of serialized child abuse which Key School administrators and leaders fostered, and even encouraged. Ms. Bunker, and others in similar suits, allege that Key School community members, including faculty, staff, school administrators, and board members, were aware of the abuse inflicted on its students, yet consistently and repeatedly refused to intervene.
Having endured years of trauma, she bravely stepped forward to seek justice. “Valerie’s story is a testament to the resilience of survivors, and the Maryland Child Victims Act provides the pathway for her and others to finally hold their abusers accountable,” said Robert K. Jenner, one of the lawyers representing Ms. Bunker.
Legal Arguments Supporting the Act’s Constitutionality
The principal brief filed by this legal team meticulously outlines the constitutional grounds supporting the Maryland Child Victims Act. The brief argues that the Act serves a compelling state interest by protecting children and providing a legal avenue for those who have suffered unspeakable abuse. It further asserts that the Act is a necessary response to the unique challenges faced by survivors, who often require years, if not decades, to process their trauma and come forward.
Mr. Jenner emphasizes, “The Maryland Child Victims Act is not just a legal remedy; it is a moral imperative. By extending the statute of limitations, the state acknowledges the profound impact of childhood abuse and affirms that justice should not be bound by arbitrary timelines.”
The Impact on Survivors
For many survivors, the Maryland Child Victims Act represents hope and a chance for closure. The Act allows them to confront their past and seek justice without the fear that time has run out. This is particularly significant in cases where abusers have evaded accountability for years due to the expiration of the statute of limitations.
Steve Kelly, a Grant & Eisenhofer partner and also counsel for Ms. Bunker, further explains, “Survivors of childhood sexual abuse often carry the weight of their trauma for years before they are ready to confront their abusers. The Maryland Child Victims Act acknowledges this reality and ensures that these brave individuals are not denied justice simply because of the passage of time.”
The Challenge to the Act’s Constitutionality
Despite the clear benefits of the Maryland Child Victims Act, it faces significant legal challenges. 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. These challenges have brought the case to the Maryland Supreme Court, where the justices will determine the Act’s fate.
Mr. Kelly added: “The challenge to the constitutionality of the Maryland Child Victims Act is, at its core, a challenge to the rights of survivors to seek justice. We are confident that the Court will recognize the Act’s alignment with constitutional principles and the essential protection it offers to vulnerable individuals.”
The outcome of this case will have far-reaching implications, not just for survivors in Maryland but for similar laws across the country. If the Maryland Supreme Court upholds the Act, it could pave the way for other states to enact or strengthen their own laws to protect survivors of childhood sexual abuse. Conversely, if the Act is struck down, it could discourage legislative efforts to expand survivors’ access to justice.
“This case is about more than just one law; it’s about setting a precedent that prioritizes the rights and dignity of survivors over the interests of those who would prefer to bury the past. The decision of the Maryland Supreme Court could either bolster or hinder the progress we’ve made in supporting survivors nationwide,” Mr. Jenner added.
Conclusion
As the Maryland Supreme Court reviews the constitutionality of the Maryland Child Victims Act, the stakes could not be higher. For survivors like Valerie Bunker, this law represents a lifeline—a chance to reclaim their voice and seek the justice they deserve. Jenner Law remains steadfast in its commitment to defending the Act and advocating for the rights of all survivors.
In closing, Robert K. Jenner reflects, “We stand on the precipice 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 stands the test of time.”
Originally published in Jenner Law by Rob Jenner.