By Christine Dunn and Lilly Grace Blakely
Childhood sexual abuse survivors are often unable to promptly report their abuse for a host of reasons, including fear, shame, and a lack of vocabulary to describe the abuse. As a result, the average age that child sexual assault survivors disclose their abuse is age 52. The understandable delayed reporting of this abuse is at odds with the short time limits that survivors are allotted to bring legal claims relating to abuse. By the time a childhood sexual assault survivor is ready to disclose the abuse and seek justice, often the clock has already run out.
The Maryland Child Victims Act (CVA) sought to rectify that issue and give survivors more time. When it was first enacted, the CVA was met with vigorous legal challenges. Fortunately, as of February 4, 2025, the Maryland Supreme Court upheld the CVA as constitutional. While this is groundbreaking news for the state of Maryland and survivors at large, many still question exactly what the Child Victims Act does and who it affects. Continue below to see frequently asked questions:
What is the Maryland Child Victims Act?
The Maryland Child Victims Act of 2023 (CVA) is a law in Maryland that significantly expands legal options for survivors of childhood sexual abuse. First, the CVA removes the time limits, known as the statute of limitations, by which a survivor must bring legal claims relating to the sexual abuse. Before the passage of the CVA, civil lawsuits had strict time limits and, in most cases, had to be filed before the victim turned 38 years old. With the CVA in place, victims are now able to file these lawsuits regardless of how much time has passed since the abuse occurred. This also allows lawsuits that were previously barred under the statute of limitations to move forward. For example, if a survivor was previously blocked from filing a child sexual abuse lawsuit because of reasons related to the statute of limitations, that survivor may now file the lawsuit.
The Child Victims Act also broadens accountability beyond individual abusers and allows claims to be brought against institutions, like schools or churches, that failed to keep the survivor safe from abuse.
Who can file a civil lawsuit under the Maryland Child Victims Act?
The Maryland Child Victims Act applies to anyone who experienced sexual abuse in Maryland while they were a minor. Importantly, the CVA does not have a time limit so anyone can file a child sexual abuse lawsuit, regardless of when the abuse occurred.
Who can I sue under the Maryland Child Victims Act?
Under the Maryland Child Victims Act, survivors can sue the perpetrator who committed the abuse as well as any entity that allowed and/or facilitated the abuse. This can include institutions such as schools, churches, and other organizations.
Are there deadlines associated with filing a civil lawsuit under the Maryland Child Victims Act?
There are no deadlines for filing a lawsuit under the Maryland Child Victims Act, even if you are suing your abuser years later. The CVA’s goal is to eliminate the time constraints that survivors faced for so many years. The CVA allows any survivor to sue their perpetrator regardless of how long ago the abuse took place.
What is public vs. confidential if I file a civil lawsuit under the Child Victims Act?
Generally, lawsuits are public, and the information contained in the legal complaint can be accessed by anyone. However, our firm’s sexual abuse attorneys have been successful in filing lawsuits under a pseudonym or alias for sensitive matters such as sexual abuse. A survivor bringing a claim under the Maryland Child Victims Act, may have a strong argument that the details of the sexual abuse and the identity of the survivor should remain private.
What should I do if I want to file a civil lawsuit under the Maryland Child Victims Act?
If you are hoping to file a civil lawsuit under the Maryland Child Victims Act, you should get in touch with the sexual abuse lawyers at Sanford Heisler Sharp McKnight. Our Sexual Violence, Title IX, and Victims’ Rights Practice Group, led by Christine Dunn, has extensive experience handling sexual abuse cases and helping survivors of childhood sexual abuse get justice.
Further, Sanford Heisler Sharp McKnight’s sexual abuse attorneys can explore your options and explain your rights when it comes to pursuing civil claims against the individual or the institution that caused you harm. We are trained in trauma-informed advocacy and represent clients in a compassionate and victim-centered manner. With law offices throughout the United States, we regularly take on some of the nation’s most powerful institutions, including:
- Catholic archdioceses
- Public school districts and private schools
- Colleges and universities
- The Boy Scouts of America
- Various youth organizations
- Hospitals and private practices
- Government entities
Why speak with Sanford Heisler Sharp McKnight’s sexual abuse attorneys?
If you are a child sexual abuse survivor who is looking to pursue legal action against your perpetrator and an institution who failed to protect you, please reach out to Sanford Heisler Sharp McKnight. Our sexual abuse attorneys offer a free, confidential consultation and are equipped with years of experience. While many of our cases result in resolve confidentially, read more about a few of our firm’s public cases here: