MD Law Reduces Compensation for Juvenile Sexual Abuse Claims
The Maryland General Assembly stealthily passed House Bill 1378, rescinding the rights of some sexual abuse survivors if they do not file their claims in court by June 1, 2025. The bill was not supported by a single member of the government other than an obligatory bill sponsor.
No one stood up to testify in favor of the bill publicly. House Bill 1378, which takes away the amount of compensation available to survivors, was not made public until the final week of the legislative session.
Legislative leaders rushed it through both houses without following the normal procedures to avoid scrutiny by the public and the press. The bill was passed on Saturday, April 5, 2025.
The bill reduces the maximum amount of compensation for claims against the State of Maryland and local government from $890,00 to $400,000.
It will reduce the amount of non-economic damages available to survivors from $1,500,00 to $700,000.
THESE CHANGES WILL APPLY TO ANYONE WHO DOES NOT FILE THEIR LAWSUIT BEFORE JUNE 1, 2025.
Further, the bill changes the potential maximum amount of recovery from $890,000 (government claims) or $1,500,000 (non-government defendants) per each incident of abuse suffered to a maximum per person.
So if a juvenile were sexually abused repeatedly in a detention center that had notice of the abuse, they would only be able to recover $400,000 if their case is filed after June 1, 2025.
Retroactive Aspect of the New Law is Attempt to Limit the Government’s Fiscal Obligation to Help Survivors
A controversial provision of the new law is that it makes the per-person cap on damages retroactive. The legislature can usually change laws that will impact people’s rights in the future but not take away rights that exist now.
The new law would limit the maximum amount of compensation to a per person amount, even for people who file before June 1, 2025. Whether this change in the law is Constitutional is expected to be challenged in court.
Even a senator who voted for the new law admitted a Constitutional challenge would have to happen. However, it did not stop the legislature from passing the bill without considering the Constitutional implications.
Reportedly, over 5000 juvenile sexual abuse survivors have come forward, placing the state on notice of their intention to make a claim. The state of Maryland allowed thousands of instances of institutional sexual abuse to occur over decades.
This created a fiscal concern for the state due to the potential size of its financial responsibility to survivors.
The state, in turn, attempted to limit its fiscal exposure by revising the law. The real societal problem is that thousands of juveniles were raped and abused while the guards were permitted to do so year after year with impunity.
House Bill 1378 Limits Fiancial Exposure From Thousands of Sexual Abuse Claims
After becoming aware of 5000 claims, only one guard has been criminally charged, Mr. Neverdon, who is currently being prosecuted in Baltimore County.
It has been alleged that he repeatedly raped over 80 children who have come forward so far.
The new law disproportionately hurts the survivors who were the most vulnerable and injured members of society.
If someone was sexually groped one time, their claim may not be affected by the new $400,000 cap on damages. But someone who was repeatedly raped would be treated unfairly under the new law. Further, these survivors are disproportionally African American.
Under the new law, a survivor of sexual abuse for a non-government defendant who was abused regularly over years would be limited to a $700,000 cap on non-economic damages.
The legislature should never create arbitrary limits on the values of people’s suffering and should trust the courts to handle these matters. Juries must be permitted to decide the impact of abuse on each survivor.
Maryland is one of only 10 states where the legislature gives a break to wrongdoers and their insurance companies by placing arbitrary caps.
Essentially, the State of Maryland is trying to balance its budget on the backs of the people it harmed the most. The real issue here is the outrageous incidence of sexual abuse for decades in juvenile detention centers and the foster care system.
Survivor Advocacy and Institutional Accountability
Survivors and their advocates have expressed disappointment and frustration over the revisions.
Frank Schindler, a survivor of clergy sexual abuse in Baltimore, pointed out that the financial burden stems from the actions of abusers and the institutions that enabled them. “If these individuals and institutions did not rape children, the Child Victims Act would be irrelevant to them,” Schindler asserted.
David Lorenz, leader of the Maryland chapter of the Survivors Network of those Abused by Priests, lamented the lack of focus on the survivors’ experiences in both the House and Senate. “We’re not addressing what happened to those children,” Lorenz said, criticizing the debate’s emphasis on financial considerations over justice and accountability.
Inadequate Notice of Law Change Will Harm Those Who Delay in Coming Forward with Their Claims
The legislature is permitted to change the amount of compensation people have a right to claim under an existing law, but only if it provides reasonable notice to people who may choose to proceed under the then-existing law.
House Bill 1378 will take effect in maybe seven weeks from when it becomes law. This is not enough notice. The median age that survivors of sexual abuse tell others is 52 years of age.
The law that existed in Maryland before the Child Victims Act (CVA) permitted people to come forward to make a claim for childhood sexual abuse up to age 38.
The CVA made the time limitless. The new law keeps that promise, yet reduces the potential recovery to a lower arbitrary amount.
Attorneys at The Yost Legal Group representing survivors have raised alarms about the constitutionality of the revisions. One major point of contention is the bill’s provision that limits survivors to a single claim, regardless of the number of times they were abused.
The decision has sparked outrage among survivors, attorneys, and advocates, who argue that the changes undermine justice and may not withstand constitutional scrutiny.
Notice of the Short Deadline Will Liley Create a Rush to File Claims
In a recent article in The Baltimore Sun, Attorney Tom Yost emphasized the potential backlash, predicting a surge in claims before the June 1 deadline.
“Everybody who is on the fence about making a claim is going to find a lawyer,” Yost stated.
He also noted that the financial burden of settling these cases may be far less than lawmakers fear, as many claims are likely to settle for amounts below the cap.
The Maryland juvenile justice system has been wracked with controversy. Thousands of child sexual abuse cases are being filed by victims of sexual assault. Staff members at juvenile detention facilities, including guards, have abused the minors in their care.
Your Voice Matters. Seek Justice Today.
Most survivors of childhood sexual abuse are torn between never disclosing what happened to them and coming forward to make a claim. You are not alone.
When the legislature or courts create deadlines, survivors are often triggered emotionally about coming forward. Many of our clients describe losing sleep and reliving memories of their abuser while they consider their options.
A large number of our clients tell us we are the first person they ever told about their abuse.
If you are ready to come forward, call the Yost Legal Group to learn more about your rights.
Your call is confidential. We have compassionate, trauma-informed staff and attorneys who can speak with you and answer your questions. Your claim can be filed under a pseudonym (John Doe) so you maintain your anonymity.
If you call and then decide not to make a Sexual Abuse Claim, the consultation is free. If you decide to make a claim, and we take your case, there is no fee or expense unless you recover.
Maryland Survivors Need to File Their Sexual Abuse Claims by June 1, 2025
If you are a victim of sexual abuse in a Maryland institution, call us today at (800)-YOST-LAW, (800)-967-8529. You can also text us at 1-410-659-6800 for a Free and confidential consultation.
The Yost Legal Group’s sexual abuse lawyers have been a voice for the injured and vulnerable in Maryland for over 35 years. We are focused on protecting the rights of survivors of childhood sexual abuse.
We understand the courage it takes to come forward and want Maryland sexual abuse survivors to know they are not alone. File your sexual abuse claim today to seek maximum compensation before it’s too late.
Call our sexual assault attorneys at (800)-YOST-LAW, (800)-967-8529, or text us at 1-410-659-6800. To learn more, visit https://www.yostlaw.com/practice-areas/sexual-abuse-claims-attorney/sexual-abuse-in-government-institutions/.
Your voice matters. Your story matters. Let us help you seek full and fair justice. The time to come forward is now.
Written by Attorney Ellen Flynn, The Yost Legal Group
Sexual Abuse in Foster Care – Juvenile Detention Sexual Abuse Claims – Catholic School Sex Abuse Claims
Sexual Abuse Lawsuit – Sexual Assault Lawsuit – Sexual Abuse Attorney
Attorney for Juveniles – Sexual Assault Lawyer – Victims Rights Maryland – CPS Claims