Maryland's Child Victims Act: No More Deadlines for Survivors of Child Sexual Abuse
For decades, Maryland law told survivors of child sexual abuse something profoundly unjust: that the courthouse door closed on a schedule set by the calendar, not by the survivor's own readiness to come forward. Two weeks ago, that changed. On April 11, 2023, Governor Wes Moore signed the Child Victims Act of 2023 (Senate Bill 686), and with his signature Maryland became one of the strongest states in the nation for survivors seeking accountability in the civil courts.
What the law does
The Child Victims Act, which takes effect October 1, 2023, amends Maryland's limitations statute (Courts & Judicial Proceedings § 5-117) to do three things:
1. It eliminates the civil statute of limitations for child sexual abuse claims entirely. There is no longer any age cutoff or filing deadline for a civil action arising from the sexual abuse of a minor. 2. It revives claims that were already time-barred. Survivors whose claims expired under prior law — including under the old age-38 cutoff enacted in 2017 — may file suit once the law takes effect, no matter how long ago the abuse occurred. 3. It repeals the 2017 law's purported "statute of repose," the provision institutions were expected to invoke as a permanent, constitutionally protected shield against older claims.
The Act applies to claims against the individuals who committed abuse and against the institutions — schools, churches, youth organizations, government agencies — whose negligence enabled it.
The damages framework
The Act sets caps on noneconomic damages (pain, suffering, emotional harm) for claims it makes possible:
| Defendant | Noneconomic damages cap |
|---|---|
| Private institutions (churches, private schools, youth organizations) | $1.5 million per claimant |
| Governmental entities (public schools, state and local agencies) | $890,000 |
Economic damages — therapy and treatment costs, lost earnings — are handled separately from these noneconomic caps.
Why now
The Act passed in the wake of the Maryland Attorney General's report documenting decades of abuse and concealment within the Archdiocese of Baltimore — findings that made painfully public what survivors and their advocates have said for years: children rarely disclose abuse when it happens. Many survivors need decades to come to terms with what was done to them, and the old deadlines quietly protected the institutions that should have been answering for it. The General Assembly's judgment in the Child Victims Act is that accountability should not expire before a survivor is ready.
Maryland arrived here in steps. In 2017, the legislature extended the filing deadline to a survivor's 38th birthday — real progress at the time, but a deadline all the same, and one paired with language institutions read as a permanent shield against anything older. The 2023 Act sweeps both away.
Who can be held accountable
The Act is not only about the individuals who committed abuse — many of whom are deceased, imprisoned, or without assets. Civil law has long recognized claims against institutions whose own negligence enabled abuse: organizations that hired without screening, kept employees after complaints, ignored warning signs, or moved known abusers quietly from one posting to the next. Those institutional claims — negligent hiring, retention, and supervision — are where accountability, and compensation for therapy and care, most often come from. The Child Victims Act ensures the passage of time no longer forecloses them.
What this means for survivors in Maryland
If you were abused as a child in Maryland — whether last year or fifty years ago — the law will soon no longer bar you from seeking accountability. A few things worth knowing, gently and honestly:
- There is no longer a race to the courthouse. Beginning October 1, 2023, no filing deadline applies. You can take the time you need to decide whether a civil case is right for you.
- Coming forward can be done privately. Consultations with a lawyer are confidential and privileged. Courts can permit survivors to file under a "Jane Doe" or "John Doe" pseudonym in appropriate cases, and protective orders can limit how personal information is used in litigation. Filing a lawsuit does not mean telling your story to the public.
- A civil case is about accountability and support, not reliving everything on someone else's terms. The process moves at a measured pace, with your lawyer between you and the institution at every step.
- Legal challenges are likely. Institutions are expected to argue that the 2017 law created a "vested right" that the new law cannot constitutionally undo. Courts will decide that question in the years ahead. It is one more reason that survivors considering a claim should get advice from counsel who will follow those developments closely.
- Evidence still matters. While the deadline is gone, records, witnesses, and institutional files do not become easier to find with time. Speaking with a lawyer earlier preserves options, even if you decide to wait.
We represent survivors with the discretion, patience, and seriousness this work demands. Whatever you decide, the decision is yours — the law finally respects that.
If you or a loved one has been hurt, call Posey Lebowitz at (202) 524-0123 or send us a message for a free consultation.
Part of our DMV case law archive, compiled in 2026 to reflect the archive of some of the most important decisions in injury law.
Update: The legal challenges this post anticipated have since been resolved. On February 3, 2025, the Supreme Court of Maryland upheld the Child Victims Act, and later that year the General Assembly reduced the Act's damages caps for cases filed on or after June 1, 2025.