Victims lawyers defend Maryland’s Child Victims Act following Washington archdiocese challenge

Attorneys for several men who say members of the clergy in the Archdiocese of Washington sexually abused them in Maryland decades ago defended on Friday the new law that allowed them to sue the Catholic Church: The Child Victims Act.

The filings from plaintiffs’ lawyers respond to a legal challenge from the Washington diocese last month, with the church’s attorneys arguing Maryland’s child victims law is unconstitutional, and that the men’s lawsuits, filed in Montgomery and Prince George’s counties, should be dismissed as a result.

Archdiocese attorneys contend the legislature granted defendants immunity from child sex abuse lawsuits after the victim turns 38, when it expanded the statute of limitations to that age in 2017. They argue their legal protection stems from a rare provision in the law known as a statute of repose, which created “vested rights” that lawmakers cannot simply change.

Lawyers for the victims in the lawsuits disagree.

In their filing Friday, attorneys for a man who sued the Washington diocese in Montgomery County said the diocese’s lawyers’ interpretation of the law runs afoul of “well-settled principles set forth by the Maryland Supreme Court.”

“Applied here, those principles demonstrate that the law at issue here is a statute of limitations, which the General Assembly is free to modify under Maryland’s constitution,” wrote attorneys Robert K. Jenner, Philip C. Federico and Steven J. Kelly, all of whom are representing the man suing in Montgomery Circuit Court...

Victims lawyers defend Maryland’s Child Victims Act following Washington archdiocese challenge – Baltimore Sun