Author: Brent Hoffman

Sexual abuse survivors, as well as people who witness these activities, often develop post-traumatic stress disorder (PTSD). Contrary to popular belief, PTSD is not a processing disorder that randomly affects some victims and leaves others untouched. Instead, PTSD is a stress-related brain injury. Extreme stress enlarges the amygdala and squeezes out the cerebral cortex. The amygdala controls emotional responses, and the cerebral cortex controls logical responses. The resulting imbalance causes symptoms like anger, depression, nightmares, and hypervigilance—all reasonable responses for someone who has been attacked.

This brain injury, like most others, is permanent. Therefore, PTSD victims usually need medication and therapy for the rest of their lives. Additionally, the symptoms, even if somewhat manageable, can make it almost impossible for people to function on a day-to-day basis. Survivors deserve compensation to help mitigate the financial stress caused by treatment compounding the stress of the instigating event. Below, we will highlight the five types of PTSD.

If you or a loved one was sexually abused as a minor, call the compassionate sexual abuse attorneys at The Yost Legal Group for a free, confidential consultation: 1-800-967-8529. You are not alone.

Normal Stress Response (NSR)

Secondhand witnesses, such as family members of abuse survivors or survivors of the same offender, often develop NSR. Basically, these victims have some trouble functioning when something like sexual abuse invades their lives. These victims normally do not need medication or therapy. Instead, they just need someone to talk to, especially on a bad day.

Acute Stress Disorder (ASD)

Normally, ASD is a precursor to PTSD. If doctors and therapists quickly intervene, ASD may not progress to PTSD. But that requires a lot of foresight and proaction. NSR and ASD symptoms are almost identical. Only a very good doctor can tell the difference and get ahead of the problem.

PTSD medications often keep the brain’s chemical-imbalance response from getting worse. That means these drugs can be very powerful, which can lead to strong side effects. Sometimes, people find they cannot handle the prescribed dosage. PTSD therapy is often hit-and-miss. Not everyone responds to individual and group therapy in the same way.

Uncomplicated PTSD

Unfortunately, this name is quite misleading. “Uncomplicated” does not mean the PTSD is easy to treat. Instead, it means PTSD caused by a single event that is not compounded by other mental health conditions such as depression.

Uncomplicated PTSD is one of the more commonly diagnosed disorders and is highly responsive to therapies. At this stage, the drugs are stronger, and therapy is more intense. Some doctors use experimental drug treatments like MDMA (ecstasy or molly) to treat uncomplicated PTSD. Such drugs have shown some promise, but they are by no means a proven method. As for therapy, these victims usually need more and longer sessions.

Complex PTSD

Childhood sexual abuse is often ongoing. For example, according to the recent Attorney General report, Catholic churches and schools in Maryland often allowed predators to abuse children for as long as multiple decades.

The resulting PTSD is much more deeply rooted as the trauma was repeated over and over for months or even years. As a result, the symptoms are much worse. They usually include suicidal thoughts and fits of extreme rage. Survivors often need hospitalization so they do not harm themselves or others. People with complex PTSD often need more individualized and specialized medical and therapeutic treatments from their doctors.

Co-Morbid PTSD

Many victims self-medicate with alcohol or drugs to ease extreme PTSD symptoms. This approach often works for a while, which encourages these patients to stay on this destructive path. As their bodies become tolerant to drugs and alcohol, they need ever-increasing amounts to obtain the same effect.

By the time these victims reach out to doctors, the doctor must treat not only an advanced case of PTSD, but also an advanced case of substance abuse.

Contact a Compassionate Sexual Abuse Survivor Attorney Today

If you or a loved one is a sexual assault survivor, you or they are entitled to significant compensation. For a free consultation with an experienced sex abuse survivor lawyer in Baltimore, contact The Yost Legal Group: 1-800-967-8529. Remember, you are not alone. We will help you get the justice you deserve.

Delayed reporting of childhood sexual abuse is extremely common. Researchers have known this for years. Unfortunately, the law does not keep up with science very well. In recent years, several states have altered their respective statute of limitations laws in favor of survivors, including Maryland. A statute of limitations (SOL) limits a victim’s right to obtain compensation after a certain amount of time passes. With Maryland’s re-worked SOL for childhood sexual abuse survivors, people are virtually guaranteed a day in court, no matter how much time has passed.

Lawmakers have opened the courthouse door for childhood sexual assault victims, but only a good Baltimore childhood sexual abuse survivor attorney can help victims capitalize on this rare opportunity.

If you or a loved one was sexually abused as a minor, call the compassionate sexual abuse attorneys at The Yost Legal Group for a free, confidential consultation: 1-800-967-8529.

For years—maybe decades for some—survivors have had to spend thousands of dollars on medications and therapies just to get the healing process started. Now, reimbursement is available for prior and future medical expenses. Perhaps, even more importantly, the institutions that allowed, harbored, and turned a blind eye to the abuse must now answer for their misconduct.

Remember, you are not alone. It is not your fault. And it is okay if you have not come forward with your truth. The mind is a powerful thing, and it can be difficult to speak up about surviving sexual assault. Here are the top-five reasons survivors might not immediately report abuse:

Shame

Overall, shame is a deep feeling about being exposed and unworthy. When we feel ashamed, we want to hide. We hang our heads, stoop our shoulders, and curve inward as if trying to make ourselves invisible. Ashamed people do not publicize their shame.

Specifically, sexual abuse can leave survivors feeling defiled, spoiled, violated. What’s more, shame can be so strong that, in many cases, victims blame themselves for the incident and assume they must have done something wrong—they absolutely did not. Shame can be especially bad in same-sex abuse cases.

Fear

Abusers who have authority over sexual abuse survivors often directly or indirectly threaten reprisal if they tell anyone about the assault. To an adult, these kinds of empty threats could mean nothing. But to a child, these threats could mean everything and seem much more real.

Also, many survivors do not immediately come forward because they fear they will not be believed. Until very recently, they had good reason to feel this way. Survivors’ accounts are often scrutinized to the point of exhaustion. In high-profile cases, people are often labeled “opportunists” and “liars,” are blamed for their own victimization, and are punished for speaking up.

Denial

Compartmentalization and denial are the next logical step from fear. To ease their guilt, their shame and fear, sexual abuse survivors will convince themselves that the incident was “not that bad” or that it did not even happen. Once that happens, in the survivor’s mind, there’s nothing to report.

Often, denial involves making excuses for the abuser, such as “Maybe they couldn’t help it,” or “Maybe they didn’t realize what he did was wrong.”

If you or a loved one was sexually abused as a minor, call the compassionate sexual abuse attorneys at The Yost Legal Group for a free, confidential consultation: 1-800-967-8529.

Low Self-Esteem

The three preceding effects can combine to drastically lower a survivor’s self-esteem. They do not value or respect their own bodies or their own integrity, so if someone violated them, they downplay it as if it did not matter. Even the most confident children cannot sustain their sense of confidence if they are sexually violated. They can feel so much shame that it is almost impossible for them to hold their heads up high. They are not motivated to continue their paths, whether it be college or a career.

Helplessness/Hopelessness

Learned helplessness is a condition in which a person suffers from a sense of powerlessness arising from a traumatic event or persistent failure to succeed. In other words, when people feel like they have no control over what happens, they simply give up and accept their fate. If a survivor has given up hope of being believed or heard, of feeling worthy, it can be near impossible for them to feel as though they could or should speak up and seek justice.

Rely on a Compassionate Sexual Abuse Survivor Attorney

But remember, you are not alone. If you have experienced any of these feelings, it is not your fault. The mind is a powerful thing. And nothing you did was the reason the sexual assault happened. The abuser and any institution that harbored such a person are at fault.

Sexual abuse survivors are entitled to significant compensation under Maryland’s revised statute of limitations.

If you or a loved one experienced childhood sexual abuse and are ready to talk, please contact The Yost Legal Group. We offer free, confidential consultations. We have compassionate and experienced childhood sexual abuse survivor attorneys right here in Baltimore: 1-800-967-8529.

In the wake of a sweeping report detailing long-term childhood sexual abuse in the Catholic Church, Governor Wes More signed a provision that ended the statute of limitations (SOL) for institutional adverse childhood event (ACE) sexual abuse claims.

“There is no statute of limitations on the hurt that endures for decades after someone is assaulted,” Moore, a Democrat, said. “There is no statute of limitations on the trauma that harms so many still to this day, and this law reflects that exact truth,” he added. Twenty-four states have approved revival periods known as “lookback windows,” which are limited time frames during which accusers can sue, regardless of how long ago the alleged abuse occurred. Maryland’s law creates a permanent window with no time limit.

For private entities, under the bill, damages are capped at $1.5 million for non-economic damages like pain and suffering, but there is no cap for damages relating to costs for services like therapy. For public entities like school boards and local governments, damages are capped at $890,000.

The Statute of Limitations

The Catholic Church has a long history in Maryland. Cecilius Calvert founded the colony in 1632 as a haven for Catholics, who often faced religious persecution in the Protestant-dominated British Empire. The statute of limitations, which protects both plaintiffs and defendants in legal cases, dates back about as far. This law cuts off a plaintiff’s right to recovery after a certain amount of time passes.

SOLs encourage victims to “strike while the iron is hot,” so to speak, and immediately file claims without delay. It is much easier to prove claims when the evidence is fresh and readily available. This law also gives tortfeasors (negligent actors) a chance to put the past behind them after a reasonable amount of time passes. People should not have to live their lives in fear and constantly look over their shoulders, at least in most cases.

In civil court, the statute of limitations is usually two years in a negligence (personal injury) case and four years in most other kinds of cases. 

However, this two-year time period does not always make sense. For example, if John worked construction in the 1960s and inhaled asbestos fibers, the resulting illnesses, like mesothelioma, might not be apparent until decades later.

So, in such cases, an experienced personal injury lawyer can work the system to hit the proverbial “snooze button” on the SOL alarm clock. Generally, claims do not accrue until victims are fully aware of their damages and they connect those damages to the proper source.

As a result, child sex abuse survivors could always bring lawsuits, even decades after the alleged abuse occurred. But proving them to be true had been much more difficult. However, this legal change makes it much easier to file a claim now that there is no need to prove that the discovery rule applies.

Procedural Issues in a Sex Abuse Claim

The statute of limitations is the primary procedural hurdle in a personal injury lawsuit, but certainly not the only one.

Incidentally, other kinds of equitable tolling (SOL snoozes) are available. For example, some victims were mentally incompetent at the time of injury, while others were under the supervision of a bankruptcy court. These individuals cannot file legal actions. In such cases, the law usually gives these individuals two years to file actions after they become legally competent or emerge from bankruptcy.

Pleading defects and a lack of evidence are the other two most common procedural motions in personal injury cases.

‘Improper parties’ is one of the most common pleading defects. For example, in church-related ACE cases, the proper defendant is usually the Archdiocese of Baltimore as opposed to the abuser. If the action names the abuser individually, the case might be easier to prove, but only limited compensation may be available. 

Speaking of proof issues, an attorney must prove every allegation in the petition by a preponderance of the evidence (more likely than not). If attorneys do not do their homework and collect sufficient evidence, the judge may throw the case out of court, denying the victim his/her day in court.

Rely on a Compassionate Baltimore City Child Sexual Abuse Survivor Attorney

Child sexual abuse survivors are not alone. They are entitled to compassion, understanding, and significant compensation. For a free and completely private consultation with an experienced child sexual abuse survivor lawyer in Baltimore, contact The Yost Legal Group today: 1-800-967-8529. The lookback statue only allows survivors two additional years to seek the justice they deserve.

After many delays, Maryland Attorney General Anthony Brown published a 1,000-page report which detailed an “astonishing” amount of child sexual abuse in the Catholic Church in Maryland over the past 80 years.

The report paints a damning picture of the archdiocese, which is the oldest Roman Catholic diocese in the country and spans much of Maryland. Some parishes, schools, and congregations had more than one abuser at the same time. Roughly a dozen known abusers lived and worked at St. Mark Parish in Catonsville between 1964 and 2004. One deacon admitted to molesting over 100 children. The staggering pervasiveness of the abuse itself underscores the culpability of the Church hierarchy,” the report said.

Baltimore Archbishop William Lori, in a statement posted online, apologized to the victims and said the report “details a reprehensible time in the history of this Archdiocese, a time that will not be covered up, ignored or forgotten.”

Effects of Sexual Abuse

Adverse childhood experiences (ACE) could be physical or non-physical. Either way, these victims usually must endure lifelong consequences, such as:

• Post-Traumatic Stress Disorder: Hypervigilance, anger, flashbacks, and nightmares are some of the most common ACE-related PTSD symptoms. Usually, these symptoms do not emerge until adulthood. So, they completely blindside the victim and are difficult for therapists to treat since there is no identifiable trigger (more on that below).
• Depression/Anxiety: These mental effects, which often appear during childhood, vary greatly. In a few cases, depression and anxiety come and go, and the attacks only last a few days or weeks. Usually, these mental illnesses are chronic, making it almost impossible for victims to function at school, home, or anywhere else.
• Behavioral Effects: Over 80% of men, and over 60% of women, in detox programs endured at least one ACE. Eating disorders, which give victims a distorted view of control over their own bodies, are common as well. So is risky sexual behavior.
• Interpersonal Effects: ACE survivors usually have trust issues, shy away from intimacy, and have high divorce rates. Sexual dysfunction, specifically a lack of arousal and desire, is common as well. PTSD usually makes these symptoms worse, which in turn makes PTSD harder to treat.

Very few ACE victims immediately report the abuse. Many do not think anyone will believe them. Others fear retaliation or do not want the abuser, who is often a trusted individual, to get in trouble.

Compensation for Sexual Abuse

These mental and behavioral effects usually require lifelong therapy and medical treatment. People do not “get over” things like Post Traumatic Stress Disorder. Controlling the symptoms, which is much easier said than done, is the best possible outcome.

These conditions, which make it hard for children to function in school, also make it hard for adults to function at work. Therefore, substantial lost wages are usually inevitable.

A Baltimore personal injury lawyer can also obtain compensation for noneconomic losses, such as pain and suffering. ACE victims have suffered in silence long enough. They deserve substantial compensation for everything they have been through.

Very few victims must go to trial to get this compensation. Almost all sexual abuse and other personal injury cases settle out of court and on victim-friendly terms.

Connect With a Compassionate Baltimore City Attorney

Childhood sexual abuse survivors are entitled to significant compensation. For a free consultation with an experienced childhood sexual abuse survivor lawyer in Baltimore, contact The Yost Legal Group. The new legislation allows two years to file claims. Call us when you are ready for a free, confidential conversation: 1-800-967-8529.

The Archdiocese of Maryland paid lobbyists over $200,000 in an apparently failed effort to defeat a statute of limitations forgiveness measure and other pro-victim laws.

Professional lobbyists are people whose business is trying to influence legislation, regulation, or other government decisions, actions, or policies on behalf of a group or individual who hires them. Individuals and nonprofit organizations can also lobby as an act of volunteering or as a small part of their normal job. Governments often define “lobbying” for legal purposes and regulate organized group lobbying that has become influential.

Political Advocacy

“High-priced lobbyists” get a lot of flak in the media. But people must express themselves in the legislative process. A compassionate Baltimore sex abuse survivor lawyer (like the attorneys here at The Yost Legal Group) advocates for victims in court. That is an attorney’s most important job.

Attorneys also advocate for victims during the legislative process. Courtroom advocacy without legislative advocacy is like going hunting with a gun that only has one bullet. The best marksman in the world would probably come home empty-handed in that scenario. Likewise, unless legislators pass favorable laws, victims have little hope of obtaining fair compensation in court.

Usually, lawyers are witnesses in key committee hearings, assist in the legislative drafting process, and work for victim-friendly political candidates.

Legislative committee meetings are incredibly boring. But they give lawmakers information about the proposals they are considering. If lawyers do not appear at these hearings, their voices are silent. Attorneys often have expertise in areas like the statute of limitations that other professionals lack. Additionally, favorable testimony at legislative hearings builds a favorable legislative record, which means courts interpret these laws in victim-friendly ways.

Drafting legislation is part science and part art. Quite frankly, many politicians lack both skills.

A law must be drafted in a way that helps it accomplish its stated purpose. There should be little or no room for interpretation, especially an unfavorable interpretation. The best law ever drafted is useless if no one votes for it. That is where artistic legislative drafting skills come into play.

Finally, lawyers support certain candidates during their campaigns. That is something that all of us can do. Pretty much anyone can make phone calls, inform their friends about certain issues, and encourage like-minded people to vote.

Legal Advocacy

Most civil cases, including personal injury cases, settle out of court. But that does not mean a Baltimore personal injury attorney never sees the inside of a courtroom.

We mentioned legislative drafting above. Drafting legal pleadings requires the same skill sets. These pleadings must meet certain legal requirements and also appeal to judges. That is especially true for things like summary judgment or appellate briefs.

Insurance companies and other defendants usually file at least one pretrial motion which seeks to throw the victim/plaintiff’s case out of court. A Baltimore personal injury lawyer must be well-prepared for this hearing, properly present the correct legal arguments, and introduce the right evidence.

Formal mediation, which resolves most injury cases, is a sort of “mini trial.” Attorneys from both sides give informal opening statements. A good opening statement sets the tone for a successful mediation session.

Work With a Diligent Baltimore County Lawyer

Sex abuse survivors are entitled to significant compensation. For a free consultation with an experienced sexual abuse survivor lawyer in Baltimore, contact The Yost Legal Group: 1-800-967-8529. The sooner you reach out, the sooner we can start working for you.

State Attorney General Anthony Brown said that since a proposal to abolish the statute of limitations in child sex abuse cases was “not clearly unconstitutional,” his office would defend it in court.

The proposal has more momentum than in years past when it failed to pass out of the Senate’s Judicial Proceedings Committee. Advocates for the bill say that the changes are necessary because abuse survivors often do not come forward with claims until they are in their 50s, making it difficult to hold abusers and the institutions that protect them legally accountable.

Opponents of a lookback window, including the Catholic Church, argue that by passing a statute of repose in 2017, lawmakers created a “vested right” that protected institutions from out-of-date lawsuits.

Statute of Limitations

Laws should protect everyone, which is why the law includes a statute of limitations in civil cases. However, laws should not favor anyone, which is why, in this case, a revised SOL is necessary.

Briefly, the statute of limitations bars civil claims after a certain length of time. The injury claim statute of limitations in Maryland is generally two years.

Normally, that is more than enough time for a victim to partner with a Baltimore personal injury attorney who builds a case and works to obtain maximum compensation before filing legal paperwork. However, sexual abuse matters are not normal injury cases.

Childhood sex abuse survivors rarely come forward straightaway, mostly because they fear embarrassment and retaliation. These fears are not unfounded. 

If a child accused a priest of a heinous crime and the only “evidence” was their word against the priest’s, few people in the community would believe the child. In fact, data show that few people in the child’s own family would believe the child. 

On a side note, many same-gender abuse victims are even more reluctant to come forward because of the shame associated with such conduct in some communities and families.

Furthermore, abusers often overtly or subtly threaten retaliation. To a child, a priest is an all-powerful figure who has the means to make good on these threats.

Since the child cannot express these memories, the brain suppresses them. For many years, most people show symptoms of abuse, like depression and anger, without knowing the cause. Then, therapists must work with victims for many more years until they recover enough memories to piece together what happened.

Your Claim for Damages

As mentioned, in sexual abuse and all other injury cases, an experienced Baltimore-based personal injury lawyer starts by evaluating a case and then collecting evidence. 

In childhood sex abuse cases, such evidence usually consists of therapy and other medical records. Corroborating evidence is important as well. For example, if the victim accuses Person X of abuse, a Baltimore personal injury attorney must prove that Person X worked in that parish at that time.

More than likely, a sex abuse case against the Diocese of Maryland will be a class action lawsuit. These matters are different from piecemeal lawsuits.

Class actions bring together all victims, even those who are still struggling to recover memories. This setup allows these victims to pool their resources. As a result, they have a much better chance of obtaining fair compensation. 

If victims brought actions individually, the defendant’s high-priced lawyers could easily stamp out these smoldering individual claims. A class action lawsuit, on the other hand, is a raging fire.

Contact a Baltimore, Maryland Sex Abuse Survivor Attorney Today

Survivors of sexual abuse, especially those harmed by a member of a large entity like the Catholic Church, are entitled to significant compensation. For a free consultation with an experienced sexual abuse lawyer in Baltimore, contact The Yost Legal Group when you are ready to talk. Our consultations are free, safe, and completely private: 1-800-967-8529. After-hours, virtual, home, and hospital visits are also available.