Statute of limitations for Maryland civil sexual abuse cases to be lifted this fall
MARYLAND – The statute of limitations for some victims of sexual abuse will be lifted in Maryland, come this fall.
“Victims of sexual abuse will come forward if they’re provided with the appropriate information,” said attorney Jonathan Schochor of Schochor and Staton, P.A.
Child Victims Act of 2023
Under the Child Victims Act of 2023, those victims will now be able to take their abusers to civil court, regardless of how long ago the alleged abuse happened.
“If a school teacher, let’s say a public school teacher was involved, or a private school teacher, or a coach, or a scout master, or a prison guard, even; the victims of that sexual abuse can come forward, and enforce their claims in civil litigation,” said Schochor.
Opponents of the legislation have raised concerns that it could open up the door for false accusations; or, pointing out that the accuracy of witness’ memories may fade with time, depending on how long ago the alleged abuse happened.
However, Schochor says, “We have to prove our case by preponderance of the evidence. In a criminal prosecution setting, which is not us, you have to prove your case beyond a reasonable doubt.”
Gathering the Evidence
In an analogy, Schochor says it’s like a game of football.
“In order to win, you have to take that football across the goal line, into the end zone,” said Schochor. “Well, that’s the analogy for criminal prosecution; beyond a reasonable doubt. Proving your case by a preponderance of the evidence, which by analogy, means taking the football and crossing the 50-yard line.”
Even with that analogy, Schochor says in such cases, plaintiffs’ attorneys are tasked with carrying out exhaustive investigations into the allegations made.
“When a victim contacts us, we gather evidence, we gather facts, we gather the narrative, what happened, approximately when or where did it happen, who is involved, who is the perpetrator, what is their name?” said Schochor. “It comes down to credibility. In my mind, who has more credibility? The victim of sexual abuse? Or the perpetrator?”
“We’ll take them by the hand,”
Schochor and his team reached a historic $190 million settlement against Johns Hopkins Hospital on behalf of abuse survivors. In that case, Schochor says they represented about 8,000 female victims, who had been sexually abused by an OBGYN at the hospital.
“[Victims] can come forward, on a strictly confidential basis if they wish, and we’ll take them by the hand, protect them, and we’ve learned that we’re a pretty good support group,” said Schochor. “We can set up psychological counseling, psychiatric counseling, group therapy, anything necessary that they otherwise could not afford, to help them become productive members of society, gain closure, and hold those accountable, who were the perpetrators.”
Looking Ahead
Looking ahead, Schochor says removing the statute of limitations in these cases, will send a strong message across the state.
“What they’re trying to do is not be responsible for their horrendous conduct. That’s wrong morally, that’s wrong legally. This legislation fixes all of that,” said Schochor.
The bill goes into effect on October 1st, 2023. Schochor and his team don’t ask for any payments from clients upfront. If you were a victim of sexual abuse, call them at 410-234-1000, or click here.
“If you were a victim of sexual abuse, we can’t undo it,” said Schochor. “But, what we can do, in Western civilization, and in this fine state of Maryland, is have you adequately and fairly compensated for what happened to you, and give you an opportunity to move forward with your lives in a productive manner.”
