How Long Do You Have to File a Claim for Sexual Abuse?
Maryland law provides different timelines for filing lawsuits depending on whether the abuse occurred when you were a child (under 18) or an adult. However, recent legal changes have profoundly impacted these timelines, especially for survivors of childhood sexual abuse.
No Statute of Limitations for Child Sexual Abuse
With the passage of the Child Victims Act of 2023 (CVA), Maryland has eliminated the statute of limitations for child sexual abuse cases. This groundbreaking law empowers survivors to file civil lawsuits against abusers and the institutions that enabled them, regardless of how much time has passed since the abuse occurred. Signed into law by Governor Wes Moore and effective from October 1, 2023, this legislation ensures that no survivor is left without a path to justice.
Additionally, the damages cap for civil claims has increased under the CVA. Survivors can now recover up to $1.5 million per incident if the abuse occurred in private institutions and up to $890,000 for cases involving public school boards or government entities. This raises accountability standards for organizations that failed to protect children.
Filing Time Limits for Adult Cases
If the abuse took place when you were an adult over the age of 18, Maryland’s general statute of limitations applies. According to Maryland Courts and Judicial Proceedings Section 5-101, you have three years from the date the abuse occurred to file a civil lawsuit. Once this time frame passes, the opportunity to pursue legal action may be lost.
Filing a Sexual Abuse Claim Against a Third Party
Maryland law recognizes that abuse is often facilitated or overlooked by third parties, such as schools, religious organizations, or government institutions. Survivors can hold these entities accountable for negligence or complicity in enabling abuse. For childhood abuse cases, the CVA allows survivors to pursue these third-party claims without any time constraints. For adults, the three-year limitation still applies, as noted above.
Why Eliminating Statutes of Limitations Matters
Research shows that survivors of child sexual abuse often need decades to process their trauma before coming forward. On average, this happens around the age of 52, far beyond the typical time limits imposed by older laws. By removing these deadlines, Maryland has aligned its legal approach with what experts have long known, that justice must accommodate the lasting impact of trauma.
Understanding Your Rights as a Sexual Abuse Survivor
Coming forward as a survivor of sexual abuse takes immense courage. Many survivors grapple with feelings of shame, fear of retaliation, or internalized blame, preventing them from speaking out for years. These barriers are particularly pronounced for children subjected to abuse by trusted figures or within institutional settings.
At Schlachman, Belsky, Weiner, & Davey, P.A., we understand how deeply this trauma affects survivors. Our compassionate legal team is here to guide you through the process of seeking justice, ensuring your voice is heard and your rights are protected. We are dedicated to holding perpetrators and enablers accountable for their actions.
Contact Us for Dedicated Legal Support
If you or a loved one has experienced sexual abuse, it’s never too late to seek justice. Thanks to the Child Victims Act of 2023, survivors of childhood abuse have unlimited time to come forward. For adult survivors, the critical time frame for filing legal claims is three years after the abuse occurred.
Contact our office to schedule a free, confidential consultation with an experienced attorney. We will help you understand your legal options, pursue justice, and seek the compensation you deserve.
Survivors Deserve to Be Heard
The elimination of the statute of limitations for child sexual abuse claims is a monumental step forward in empowering survivors and holding wrongdoers accountable. At our firm, we believe every survivor deserves their day in court no matter how much time has passed. Contact us today to learn how we can help you reclaim your voice and begin the path to healing.
