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Maryland judge upholds law allowing childhood abuse victims to sue abusers

Security officers stand watch as a pedestrian walks by the Roman Catholic Archdiocese of Washington's Red Mass at Cathedral of St. Matthew the Apostle in Washington, D.C., Sunday, Oct. 2, 2022. The annual Mass invokes guidance on members of the legal profession. (AP Photo/Cliff Owen)
Cliff Owen
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FR170079 AP
Security officers stand watch as a pedestrian walks by the Roman Catholic Archdiocese of Washington's Red Mass at Cathedral of St. Matthew the Apostle in Washington, D.C., Sunday, Oct. 2, 2022.

Victims of sexual abuse in Maryland notched a win on Wednesday as a judge ruled against a challenge to the Child Victims Act brought by the Catholic Archdiocese of Washington.

Prince George’s County Circuit Judge Robert Gill Bright ruled that the law is constitutional after listening to arguments that morning.

The Child Victims Act, which went into effect last October, allows victims to sue their abusers at any point in their lives, giving survivors more of an opportunity to come to terms with their assault.

The Washington Archdiocese said it will appeal the ruling to the state Supreme Court.

“The important constitutional principles presented in this case are not unique to the Roman Catholic Archdiocese of Washington and are at issue in the cases filed against public entities, private schools, and secular and religious organizations across the state,” the Archdiocese said in a statement. “The archdiocese will pursue an immediate appeal of today’s decision.”

The Archdiocese argued that the Child Victims Act was unconstitutional because a previous 2017 law had already created a statute of repose that only allowed victims of child sexual abuse to sue until they were 38 years old.

“The legislature was aware of this when they pass the legislation, and they drafted the legislation in such a way we think as to make it constitutional and withstand any sort of constitutional challenge,” said Phil Fredrico, a member of the Survivors Advisory Board, which helps victims of abuse. “We're not the first state to do this. This is not a novel concept. We essentially are eliminating the statute of limitations for sexual abuse where it applies to children.”

Fredrico said the Supreme Court could hear argument and rule on the case as soon as the end of the year.

Maryland is split between three different Archdiocese. The Washington Archdiocese covers Montgomery, Prince George’s, Charles, St. Mary’s and Calvert Counties.

The Archdiocese of Baltimore is also going through its own reckoning with sexual assault. It chose to file for bankruptcy just days before the Child Victims Act went into effect.

Victims will not be able to sue during the bankruptcy. Instead, they have until the end of May to make a claim. The bankruptcy court will then take into account all of the church’s assets and decide how much people will be compensated.

Scott is the Health Reporter for WYPR. @smaucionewypr
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