Maryland lawmakers have approved a significant measure aimed at curbing future liabilities from sexual abuse claims in both state and private institutions. This legislative action comes in response to a surge of allegations, predominantly from youth detention centers, which emerged following the removal of the statute of limitations for child sexual abuse cases two years ago. This change was initially inspired by the Catholic Church abuse scandal.
The newly passed measure, which awaits the decision of Governor Wes Moore, proposes a reduction in settlement caps, lowering the limit from $890,000 to $400,000 for state institutions and from $1.5 million to $700,000 for private institutions for cases filed after May 31. Additionally, the measure amends the 2023 law, restricting claimants to a single payment instead of multiple claims for each abuse incident.
Senator Will Smith, chair of the Senate Judicial Proceedings Committee, highlighted the substantial financial implications, with state liabilities estimated between $3 billion and $4 billion. This scenario arises from the 2023 Child Victims Act, which aimed to deliver justice for victims previously barred from filing claims if they were over 38 years of age. However, the unexpected volume of cases has posed a significant financial challenge.
During Saturday’s debate, it was revealed that approximately 1,500 cases have been filed, with an additional 4,500 known cases. Settlement discussions involving attorneys for plaintiffs and the Maryland Attorney General Anthony Brown’s office are ongoing. Senator Justin Ready expressed concerns that state liabilities might exceed the current estimates, potentially matching the session’s $3 billion deficit.
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Senator Chris West questioned the measure’s provision limiting claimants to one lawsuit, referencing potential constitutional challenges based on previous Maryland Supreme Court decisions. He expressed skepticism about the provision’s durability in court.
Senator Smith indicated that a settlement could be the most favorable outcome, expressing hope that the attorney general and plaintiffs could reach an agreement. The legislative move follows a thorough investigative report by the attorney general’s office that exposed extensive abuse within the Archdiocese of Baltimore, previously prompting the filing of bankruptcy by the archdiocese to safeguard its assets. The Maryland Supreme Court recently upheld the law’s constitutionality.
The approved measure also introduces a cap on attorneys’ fees, setting them at 20% for out-of-court settlements and 25% for court-resolved cases. The Senate passed the bill with a 36-7 vote, while the House approved it 92-40, forwarding the bill to the governor. Copyright 2025 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed without permission.
The Societal Shift
- The new measure may lead to quicker resolutions for abuse survivors by encouraging settlements and limiting prolonged legal battles.
- Potentially reduced liabilities could alleviate the state’s financial burden, allowing for a redirection of funds towards other public services.
- By capping attorney fees, more funds could directly benefit victims rather than being consumed by legal costs.
- The measure’s impact on the legal landscape might inspire similar legislative actions in other states facing comparable challenges.
- Communities may experience increased awareness and preventive measures to ensure the safety and protection of vulnerable populations.