Child sexual abuse survivors’ fight for expanded civil litigation could hinge on legal technicality

The movement to eliminate deadlines that prevent victims of child sexual abuse from suing could receive a major boost thanks to the support of Sen. William C. Smith Jr.

Smith, who chairs the Judicial Proceedings Committee, said he will cross-file legislation in the Senate to match a bill already filed by Del. C.T. Wilson (D-Charles), who long has pushed for legislation to eliminate the statute of limitations that stops some adults from suing institutions for sexual abuse they suffered when they were children.

“Sometimes people don’t understand or don’t fully realize the pain and the suffering they’ve gone through in terms of their abuse until they’re much more advanced in age,” Smith (D-Montgomery) said during an interview Thursday morning. “What we’re doing is giving them a shot [to] make their case in court.”

But he said the issue could land in court because the legislation, which has been introduced three times over the last four years, also would create “lookback window” to allow plaintiffs, who had been barred by the statute of limitations, two years to sue institutions that harbored predators once the legislation becomes law.

In 2017, Wilson negotiated with the Roman Catholic Church to increase the age a person can file a civil suit from age 25 to 38, and that change became law.

Wilson’s current proposal seeks to allow a person to file a suit “at any time” and would raise the limit on financial damages from $400,000 to $850,000...

Child sexual abuse survivors' fight for expanded civil litigation could hinge on legal technicality - Maryland Matters