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Sunday, April 7, 2019

When Maryland gave abuse victims more time to sue, it may have also protected institutions, including the Catholic Church

Two years ago, Maryland lawmakers made it easier for adults sexually abused as children to sue institutions that harbored predators.
They may have also irreversibly granted some immunity to the Catholic Church.
A provision tucked into a 2017 law now stands in the way of Maryland joining a nationwide effort to bring justice to victims who come to terms with childhood abuse when they reach middle age and, for decades, have had no recourse in civil courts.
The language was pushed by lobbyists for the Catholic Church two years ago as part of a compromise to extend Maryland’s civil statute of limitations from age 25 to 38. Because it forbids the state from raising the maximum age above 38, it effectively inoculates the church and other organizations from costly lawsuits that could reveal whether they sheltered abusers decades ago.
State lawmakers who heralded the 2017 compromise as a breakthrough for victims now say they were swindled.
“I made a deal with the devil,” said Del. C.T. Wilson (D-Charles), the sponsor of the 2017 law and a survivor of child sex abuse by his adoptive father.
“I was working with them in good faith,” Wilson, a lawyer, said of the church. “They were behind the scenes, crafting language that protects them forever.”..
...In interviews, several other lawmakers who negotiated the compromise recalled the two church lobbyists who shopped the repose provision, saying they did not want to repeatedly revisit extending the statute of limitations. The lawmakers said they now believe they unwittingly agreed to language that could permanently prevent anyone born before the early 1980s from suing the church...
...Permanent immunity “was never discussed,” said Del. Vanessa E. Atterbeary, (D-Howard), a lawyer who is vice chair of the Judiciary Committee.
“I was in meetings with the Archbishop of Baltimore,” she said. “That’s the sort of conversation I would have remembered.”
Church lobbyist John Stierhoff declined to comment on how the provision got into law. Mary Ellen Russell, the executive director of the Maryland Catholic Conference at the time, declined to comment because she no longer works for the organization...

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