Child Victims Voice of Maryland A Coalition of Individuals and Organizations who support 'Window' Legislation: Abolishing the statute of limitations on civil suits in cases of child sexual abuse
Child Victims Voice of Maryland is coalition of individuals and organizations who support HB 858.
Child Victims Voice of Maryland A Coalition of Organizations and Individuals who support the civil rights
of those who were sexually victimized as children to have their day in court!
Abolishing the statute of limitations on civil suits in cases of child sexual abuse
Support SB 238: Civil Actions - Child Sexual Abuse - Statute of Limitations
It's Time We Protect The Children of Maryland
From Sexual Predators!
Call your local legislators and tell them to support SB 238!
The hearing date is Thursday, Feb. 5th, 2009
1:00pm - Senate Judicial Proceedings Committee
Annapolis, MD
FACT SHEET ABOUT MARYLAND’S BILL: Child Sex Abuse – Statute of Limitations and Limitation of Damages Most
Survivors of childhood sexual abuse are faced with lifelong effects
from the criminal acts committed against them. Statistically just
under 50 percent of those who were sexually victimized were abused in
the home, which makes it even more difficult to come to a place where
one is ready to file a civil suit against their offenders.
The majority of Survivors of child sexual abuse are not able to connect
how the criminals act(s) committed against them affected their lives
until they are in their forties or fifties. Especially since their
offenders are often family members. Those who were abused outside the
home also are usually doing what they can to suppress their memories
and do whatever it takes to attempt to have a normal life. When
thinking of the stages in one’s life it makes sense since the forties
and fifties is a time of self-reflection. It is a time in which the
outside demands of a survivor’s life have lessened.
Child Victims Voice of Maryland believes that we must:
(1) Abolish the statute of limitations within which a victim/survivor of child sexual abuse may bring a civil claim; and
(2) Create a window of time within which victims/survivors may bring a civil
claim where the statute of limitations has already expired. We believe the
window should be at least a two year period of time.
CHILDHOOD SEX ABUSE BACKGROUND: One of the
major reasons why we must raise the limit to 50 years of age, with an
open one year window is because it takes most survivors many years to
be in a place where they are ready and willing to enter into counseling
and begin to deal with the horror of their childhood. It’s also known
in the clinical world that there are certain times that a survivor is
more likely to go for help. These times include:
· Right after the abuse happened if they tell their parents and or have other support,
· When the survivor is old enough and capable of leaving home,
· Around the time the survivor is thinking about marriage or get married,
· When the survivor or their spouse is pregnant or right after their child is born,
· When the survivors own children reach the age they were when they themselves were abused,
· But most common is when they are in their forties or fifties.
This is an age that most adults can focus on
themselves, they start reflecting on their lives and have the time
to deal with things they never resolved.
STEP ONE: THE STATE OF MARYLAND NEEDS TO INCREASES THE STATUTE OF LIMITATIONS WITHIN WHICH VICTIMS/SURVIVORS OF
CHILDHOOD SEXUAL ABUSE MAY BRING A CIVIL CLAIM FROM SEVEN YEARS TO ONE HUNDRED YEARS AFTER THE AGE OF MAJORITY.
* Awareness of Causation of Injuries: Under
the current law, victims/survivors of childhood sexual abuse must bring
a civil case against their perpetrator within seven years of turning
18. Maryland must abolish its statute of limitations [SOL] because
many victims/survivors of childhood sexual abuse are not emotionally or
psychologically in a position to deal with their victimization of the
incidents until they are in their forties, fifties or beyond. Most are
unable to make the connection between the sexual criminal acts
committed against them as children and how it affected the rest of
their lives.
* Maryland does not apply its “discovery” rule to victims of childhood sexual abuse: Unfortunately,
while Maryland applies the “discovery” rule [which tolls the running of
the statute of limitations until the victim/survivor discovers his/her
injury] in other civil cases, the courts have refused to apply this
rule to claims of childhood sexual abuse.
* Many other states do apply the “discovery” rule, or something similar to it to victims of childhood sexual abuse: The
following 20 states recognize the delayed discovery/realization rule in
some form for victims of childhood sexual abuse: Alaska; Colorado;
Florida; Idaho; Massachusetts; Minnesota; Missouri; Nevada; Oklahoma;
Oregon; Rhode Island, South Carolina; South Dakota; Texas; Utah;
Vermont; Virginia; Washington; Wyoming.
* Several states
have gone further than recognizing the “discovery” rule and simply have
NO SOL or have longer SOLs than Maryland: There is No SOL in Alaska,
Delaware and Maine for victims bringing civil actions of childhood
sexual abuse, and Wisconsin is currently considering eliminating its SOL
The
following states have an SOL of greater than seven years after the age
of majority for these victims/survivors: Connecticut [30 years], Ohio [12
years]; Pennsylvania [12 years]; [Wisconsin 14 years].
* A longer SOL serves to deter future sexual predators. In
addition to helping victims/survivors who have already been abused, a
longer statute of limitations will deter sexual predators who
contemplate using their power to commit criminal sexual acts on
children. There is a much greater likelihood that claims will be
brought if victims/survivors have the time to remember and fully
understand the injuries they have suffered. Knowing that Maryland has
these protections may deter sexual predators from using their power
over children to criminally sexually manipulate them.
STEP TWO: CREATE A WINDOW OF OPPORTUNITY FOR VICTIM/SURVIVORS WHOSE CLAIMS ARE TIME-BARRED. Because
there are many victim/survivors for whom the SOL has already expired, extending
the statute of limitations is not enough. For these victims, the state of Maryland needs to
give them an opportunity, after meeting stringent requirements, to
have their day in court by creating at least one hundred years after the age of majority time
frame within they may bring their claim.
* In
order to qualify to bring a claim under the window of opportunity
section of HB 848, victims have to meet the vigorous requirements of
providing a certificate of merit which must include:
(a)
A statement by an attorney finding that he has consulted with a licensed
mental health provider who has found that there is a reasonable and meritorious
cause for filing the action; and (b) A statement by
a licensed mental health provider who is not treating the victim/survivor and
concludes that there is reasonable basis to believe that the victim/survivor has
been subjected to sexual abuse as a minor.
* Other states have
already successfully implemented similar laws creating a window of
opportunity for victim/survivors of childhood sexual abuse to bring a civil
action against his/her predator where the SOL has expired.
Delaware: On
July 10, 2007, Delaware repealed its SOL for victims of childhood
sexual abuse and created a two year window within which victims can
bring civil cases otherwise time-barred. The victims are not required
to meet any greater standards than other civil plaintiffs in order to
bring their case.
California: During the
1997-1998 legislative session, California passed a bill allowing a
one-year window of time within which victims could file claims which
had previously been time-barred. The law is very similar to HB ___in
that is also requires a certificate of merit to be filed by the victim.
* Wisconsin is currently considering a three-year window of opportunity for victims to bring civil claims.
* Finally,
it is important to note there needs to be no caps on the amount of
damages that a victim/survivor may be awarded for claims brought during this
window of opportunity.
