Victims of sexual abuse or sexual assault can file civil lawsuits against their abuser and other third parties, such as schools, churches, etc. Our sex abuse lawyers help victims get financial compensation by filing civil lawsuits against parties who negligently allowed the abuse to occur or failed to prevent it. New laws in Maryland have made it easier for victims of childhood sex abuse to bring civil lawsuits, even when the abuse occurred decades ago.
In this post, we will discuss the process of filing a civil lawsuit for sexual abuse in Maryland. We will look at the relevant laws regarding sex abuse and, specifically, clergy abuse lawsuits and the average settlement value of these cases.
If you have suffered from abuse, we are here to help. Contact our law firm today at 800-553-8082 for a free consultation.
Maryland Sex Abuse Lawsuits News & Updates
December 3, 2024 – 3rd Sex Abuse Lawsuit Against McDonogh School
The McDonogh School, a private school in Owings Mills, is now facing a third sexual abuse lawsuit filed under Maryland’s new Child Victims Act. The lawsuit alleges that the plaintiff, a former student at the school, was sexually abused by former Dean of Students Alvin Joseph Levy and former teacher Robert Creed. The alleged abuse occurred in the 1980s.
The lawsuit accuses McDonogh School officials of having knowledge that Levya and Creed were sexual predators, but nothing to protect children at the school from them.
November 22, 2024 – Baltimore Sex Trafficker Pleads Guilty
Kenika Leach has pleaded guilty to charges of conspiracy to commit sex trafficking, cocaine distribution, and receiving prostitution earnings. The plea, entered in the Circuit Court for Washington County before Judge Brett R. Wilson, marks a significant conclusion to a two-year investigation led by Attorney General Anthony G. Brown’s Organized Crime Unit.
The investigation began in December 2021 after a Baltimore hospital patient reported being trafficked by Leach from Hagerstown to Baltimore. Authorities uncovered that Leach and her accomplices trafficked at least 11 women across Maryland, including Baltimore and Anne Arundel County, forcing them into commercial sex acts. Many victims were coerced into prostitution under the guise of repaying “drug debts.” Payments were funneled directly to Leach through peer-to-peer payment apps.
The indictment revealed horrific control tactics by the now 33-year-old Leach employed to keep these woman in line, including physical violence and psychological manipulation. Victims were reportedly forced to “get on the wall” during assaults to hide their faces and avoid visible injuries.
November 8, 2024 – Still Waiting for Decision from Maryland Supreme Court
The Maryland Supreme Court has yet to issue a ruling on a major appeal that will have a huge impact on the future of child sex abuse claims in Maryland, and on the push for new laws in other states eliminating the statute of limitations on these claims. At issue is whether the Maryland Child Victims Act (CVA), which took effect last year, violates the state constitution. The CVA eliminated all statute of limitations on child sex abuse lawsuits and retroactively revived claims that had been time-barred under prior law. The Maryland Supreme Court heard oral arguments in the first week of September, but no decision has been issued. The court typically issues opinions within 60 days so the decision could be coming very soon.
October 15, 2024 – Navigating a World Without a Statute of Limitations
In civil sex abuse lawsuits, the passage of time can be both a gift and a burden for plaintiffs. On one hand, time can empower survivors—allowing them to process their trauma, seek therapy, and build the emotional strength to come forward. For many, confronting abuse takes years or even decades, especially when it involves powerful institutions like churches, schools, or sports programs. The lifting of statutes of limitations in Maryland reflects the understanding that healing is not on a fixed schedule, and survivors should have the chance to pursue justice when they are ready.
But Maryland civil sex abuse lawyers also need to remember that time can also erode the sharp edges of memory. Key witnesses may be gone, records lost, and physical evidence long deteriorated, giving defense attorneys room to argue that the absence of proof makes the truth murky.
For plaintiffs’ attorneys, the challenge—that we are ready for— is to reconstruct what’s left from fragments, drawing patterns of misconduct, cover-ups, and institutional failings that span years. Yes, it is a little like trying to solve a puzzle with half the pieces missing But when done right, the gaps tell a story just as powerful as what remains intact.
October 1, 2024 – Uber Sex Abuse Lawsuit
In a new Uber sexual assault lawsuit, a woman identified as Jane Roe CL 71 is suing Uber Technologies, Inc. and Rasier, LLC and Rasier-CA, LLC, for alleged sexual assault by an Uber driver. Rasier is a subsidiary of Uber, primarily used as a legal entity to manage and operate Uber’s ride-sharing business in specific regions.
The lawsuit, filed in the District of Maryland, alleges that the incident occurred on October 2, 2021, in Prince George’s County, Maryland, during a ride arranged through the Uber platform.
The plaintiff claims that Uber failed to implement adequate safety measures to prevent such assaults and did not adequately vet or monitor its drivers. She is seeking compensatory and punitive damages for the harm suffered, as well as attorney’s fees and other related costs.
Why would a Maryland resident file a lawsuit in California for something that happened locally? Because the case is part of a larger MDL class action lawsuit in the Northern District of California addressing all claims of sexual misconduct by Uber drivers in federal court. Our lawyers have good number of these cases and we believe they will have high settlement payouts.
September 24, 2024 – Principal Faces Criminal Charges for Not Reporting Rape Allegation
The former principal of Aberdeen Middle School, along with 2 other staff members at the school, have been arrested and criminally charged for waiting to report an alleged rape incident at the school to the police. Under Maryland law, the principal and staff members had an obligation to promptly report the rape allegation to the proper authorities.
September 11, 2024 – MD High Court Hears Arguments on CVA Law
The Maryland Supreme Court recently heard oral arguments in a crucial case that will determine the constitutionality of the state’s new Child Victims Act (CVA). This significant law retroactively eliminated the statute of limitations for civil lawsuits involving child sexual abuse, allowing thousands of survivors to pursue legal action, even many years after the abuse. The enactment of the law had far-reaching consequences, including the Archdiocese of Baltimore’s decision to file for bankruptcy.
August 23, 2024 – Priest Abuse Settlement Closer
The Archdiocese of Baltimore’s bankruptcy case is moving towards mediation after attorneys for the church, its insurers, and a sex abuse survivors committee reached a tentative agreement on negotiation terms.
This agreement, pending client approval, includes possibly dropping the archdiocese’s breach-of-contract lawsuit against its insurers, with survivors having a role if it’s refiled. U.S. Bankruptcy Judge Michelle M. Harner commended the progress, which will involve independent mediators negotiating settlements for survivor claims and a reorganization plan.
July 16, 2024 – New Baltimore Clergy Sex Abuse Lawsuit Filed in Federal Court
In a new lawsuit filed in the District of Maryland, a man alleges that he was sexually abused by now deceased Reverend John S. Danilak while he was a minor parishioner at St. Gregory of Nyssa Byzantine Catholic Church in Beltsville, Maryland, between 1981 and 1983.
The complaint claims that the Eparchy of Passaic, which supervised the church, was aware of Rev. Danilak’s history of sexually abusing minors but failed to take action to protect plaintiff and other children from abuse. Instead, the Eparchy allegedly transferred Rev. Danilak to other parishes, concealing his conduct.
June 28, 2024 – Maryland Supreme Court Hearing Likely in September
As most of you know, churches are questioning the constitutionality of the Child Victims Act of 2023 that removed the statute of limitations for child sexual abuse victims to file lawsuits. The anticipated constitutionality challenge to this act will be addressed in oral arguments in the Maryland Supreme Court in September 2024. The question is this: “Does the Maryland Child Victims Act of 2023 constitute an impermissible abrogation of a vested right in violation of Article 24 of the Maryland Declaration of Rights and/or Article III, Section 40 of the Maryland Constitution?”
What does this mean? Defendants in sex abuse cases argue that retroactively applying the Maryland Child Victims Act to revive claims that had expired under previous statutes of limitations violates due process under Maryland’s Declaration of Rights. They contend that these claims cannot be revived by the recent amendments to § 5-117(b) and that doing so would violate the Maryland Constitution.
I get the argument. But it is dead wrong. It makes not sense to say that the Maryland General Assembly does not have the authority to enact and modify statutes of limitation. There is precedent. The Maryland Supreme Court has consistently recognized that statutes of limitations reflect legislative policy about the reasonable time needed to initiate a lawsuit and are subject to legislative changes.
There is also this beef about it being retroactive because someone who was in the clear for molesting a child or negligently allowing a child to be molested was at one point in the clear and now can be held accountable. First, think about the insanity of making that argument.
One you digest that, understand that Maryland courts have long held that the legislature can retroactively change procedural laws, including statutes of limitations, as long as the new law provides a reasonable time for existing rights to be asserted. Procedural statutes, including those altering limitation periods, do not create vested rights. Our attorneys anticipate that the Maryland Supreme Court will uphold this view in its ruling which we think will come down in 2024.
Our law firm is also accepting new detention center sex abuse lawsuits. Those are a different animal. Those cases will move forward regardless of the outcome of the constitutional question. The state retains the authority to grant victims the right to sue the state.
June 27, 2024 – New Clergy Abuse Lawsuit
June 4, 2024 – Hotel Sex Trafficking Lawsuits
Kanika Danielle Leach, 33, from Baltimore, was indicted in Washington County grand jury on 135 counts. The indictment follows a comprehensive two-year investigation led by the Attorney General’s Organized Crime Unit, revealing Leach’s involvement in trafficking at least 11 women from Hagerstown, Maryland, to various hotels and motels across Maryland for commercial sex acts.
Charges listed in the indictment encompass managing a criminal organization and conspiring to commit sex trafficking through force, threat, coercion, or fraud.
There is a strong likelihood that the hotels involved will see lawsuits from these 11 women. What is the likelihood that no one saw something suspicious given the apparent scope of this operation.
In a new school sex abuse lawsuit in federal court in Baltimore, a former McDonogh School student alleges gross negligence and complicity in enabling abuse by the school’s former dean of students four decades ago. The plaintiff describes multiple incidents of assault by the dean, who exploited his authority and the plaintiff’s vulnerability as a boarding student.
The allegations in this lawsuit are very typical. The dean would intimidate the plaintiff by threatening expulsion, presumably to make him more vulnerable and easier to victimize. He orchestrated the ransacking of the plaintiff’s dorm room while the plaintiff was in class and subjected him to discriminatory discipline, such as curtailing his free time and requiring him to be in his room earlier than other students.
The lawsuit contends that the dean’s predatory behavior was an open secret long before the plaintiff’s enrollment, but McDonogh chose to cover up the sexual misconduct rather than remove him. Despite numerous reports and knowledge of the dean’s inappropriate conduct with male students, the suit alleges that the school’s administration and board allowed him to remain in his position, failing to protect the plaintiff and other students.
Levy died before he could face charges.
In 2019, McDonogh, to its credit, hired a law firm who conducted an investigation of similar allegations. It found that this man had sexually assaulted multiple children at the school.
May 9, 2024 – AOB Suing Insurance Companies for Coverage
All over the country, insurance companies are looking for ways to avoid paying on sex abuse lawsuits. Now we are seeing this same pattern play out in Maryland.
The Archdiocese of Baltimore has initiated a lawsuit against several insurance companies in bankruptcy court, seeking coverage for a multitude of child sex abuse claims.
The lawsuit complaint accuses the insurers of breaching their contractual obligations by failing to provide the promised coverage under various policies that extend back to 1956. This lawsuit reflects a similar legal approach taken by other dioceses facing challenges with insurers over the coverage of legacy abuse claims.
May 7, 2024 – Lawsuit Alleges Sexual Abuse at Anne Arundel Detention Center
The lawsuit asserts that these assaults by officers Joseph Oluwafemi Osiberu and Tajudeen Olarotimi Durodoye, who have both pleaded guilty, were not isolated incidents but resulted from systemic failures within the county’s Department of Detention Facilities to adhere to the Prison Rape Elimination Act (PREA) and other safety protocols.
The complaint includes claims under the Fourth, Fifth, and Eighth Amendments of the U.S. Constitution, the Maryland Constitution, and state law, arguing that the defendants’ actions and the facility’s negligent policies directly violated her rights to be free from cruel and unusual punishment. Her correctional center sex abuse lawsuit hones in on the county’s failures in training, supervision, and policy implementation that made these abuses possible and criticizes the county’s zero-tolerance sexual assault policy as ineffective, given the circumstances.
She has also filed a motion to proceed using the pseudonym “Jane Doe” and to seal documents revealing her identity. Judge Julie R. Rubin approved this motion based on several factors, primarily focusing on the sensitive and personal nature of the allegations, which involve repeated sexual assaults and harassment by correctional officers while Doe was detained at the Jennifer Road Detention Center.
April 12, 2024 – Abuse Lawsuit Against Good Shepard Services
Numerous individuals have filed two separate lawsuits claiming they suffered child sexual abuse at Good Shepherd Services, a Maryland residential program for youth that closed in 2017 due to similar allegations. The lawsuits detail alleged abuses spanning decades at the behavioral health treatment center, once operated by the Sisters of the Good Shepherd, a Catholic religious order. The claims involve sedation of victims to inhibit resistance, bribes with food and gifts, and threats of violence. Plaintiffs include women alleging abuse by nuns and priests at the center.
The lawsuits target the Maryland Department of Juvenile Services, Department of Human Services, and Department of Health for failing to oversee the facility adequately. Despite the serious allegations, the religious order itself is not named in the lawsuits.
State agencies emphasized their commitment to child safety in response, although they hadn’t been served with the lawsuits at the time of their statement. The legal actions follow Maryland’s removal of the statute of limitations for child sexual abuse cases last year, prompting a wave of new allegations, particularly focusing on the juvenile justice system.
April 11, 2024 – Sex Abuse Survivors Tell Stories in Court
Childhood sexual abuse survivors shared their harrowing experiences directly with Archbishop William E. Lori in court, as part of the Archdiocese of Baltimore’s bankruptcy proceedings.
The session, held by U.S. Bankruptcy Judge Michelle M. Harner, aimed to provide survivors a voice, particularly significant after the archdiocese’s bankruptcy filing preempted the enactment of Maryland’s Child Victims Act. This law would have allowed survivors to sue regardless of when the abuse occurred, but the bankruptcy declaration forced claims into bankruptcy court instead, denying survivors a traditional day in court. Survivors, including Teresa F. Lancaster whose abuse by Joseph Maskell was highlighted in the Netflix series “The Keepers,” recounted their stories of prolonged abuse and its lasting effects.
Archbishop Lori expressed apologies. None of this abuse falls on him. But he did, admittedly, make a huge mistake in orchestrating the exclusion of the names of 11 bishops and cardinals from a report submitted to the Vatican that centered on claims of sexual harassment directed at seminarians and young priests. So with the decision to file for bankruptcy and the ongoing legal battles over the constitutionality of the Child Victims Act, many victims do not feel the Church has their back even now.
April 2, 2024 – Montgomery County Judge Rules CVA Invalid
A Montgomery County judge in Maryland has ruled the Child Victims Act, a law enacted in April 2023 to remove the statute of limitations for filing lawsuits related to child sexual abuse, as unconstitutional. This ruling sounds awful to the cause of victims who are bringing sex abuse lawsuits under the new Maryland law. But it is not as bad as it sounds, as we will explain in a moment.
The ruling came in a case where the Archdiocese of Washington was sued for alleged child sex abuse. The archdiocese’s defense argued that the law’s removal of time limits for filing such lawsuits violated Maryland’s Constitution and Declaration of Rights, citing a “vested right” for defendants after a victim turned 38. The judge agreed and dismissed the lawsuit.
This is upsetting, but, at the end of the day, it means nothing. This decision contrasts with rulings in Prince George’s and Harford Counties, where the law was deemed constitutional. But none of that particularly matters either. The question of the constitutionality of the new Maryland sex abuse statute of limitations will be decided by the Supreme Court of Maryland.
March 30, 2024 – Dismissal of School Sex Abuse Case in Harford County Denied
The Harford County Board of Education attempted to dismiss a lawsuit from a former student, identified as John Doe, who alleges he was sexually abused by two school employees in the 1980s and 1990s at Deerfield Elementary and Edgewood High School.
All defendants are filing these motions arguing the constitutionality of Maryland’s 2023 law that lifted the statute of limitations for survivors of child sex abuse to sue their perpetrators. So this is nothing out of the ordinary. Then things get… out of the ordinary.
The school board’s attorneys argued that the victim might share responsibility for the abuse, suggesting that an “ordinarily prudent minor” should understand the risks of engaging in sexual conduct with an adult. This might be the single dumbest and the single most awful legal argument ever, all wrapped up in one argument. The court dismissed the board’s constitutional challenge and, of course, this ridiculous argument.
March 20, 2024 – Good Shepard Services Abuse Lawsuit
Twenty-six women have initiated a lawsuit against three Maryland state agencies, accusing them of placing them in a facility where they were subjected to sexual abuse during their childhood.
This legal action, filed in Baltimore Circuit Court, centers around the allegations that despite knowing about the abuse at Good Shepherd Services, a residential treatment center, the state’s departments responsible for juvenile services, human services, and health continued to send vulnerable children there.
The plaintiffs, whose ages range from 23 to 55, report abuse dating back as far as four decades to as recent as 2017, involving staff members exploiting their positions to abuse the residents. The lawsuit highlights the severe implications of this neglect, including lifelong trauma and difficulties in forming relationships, as well as financial burdens due to the need for ongoing medical and psychological care.
March 16, 2024 – PG County Circuit Court Upholds CVA
A big win yesterday. Prince George’s County Judge Robin D. Gill Bright ruled the 2023 Child Victims Act constitutional, marking a win for sexual abuse survivors in Maryland. The law allows survivors to file lawsuits regardless of when the abuse occurred.As we have said, this is not over until the Maryland Supreme Court rules. But this is a great step forward.
February 28, 2024 – First Challenge to CVA Brought
This week marks the first court challenge to the constitutionality of Maryland’s Child Victims Act. Again, this legislation permits those who suffered child sexual abuse to sue their abusers, eliminating previous time limits. Since becoming effective on October 1, a wave of lawsuits has emerged against entities with allegations of authority figures committing sexual abuse. The law’s constitutionality is being questioned in at least eight instances, prompting hearings to determine its validity.
One key hearing is against the Archdiocese of Washington in Prince George’s County Circuit Court, centering on accusations of widespread abuse by church officials. No matter how Judge Robin D. Gill Bright rules, the ultimate decision will be made by the Supreme Court of Maryland.A central point of contention is a 2017 statute that capped the age for filing claims at 38, which the defendants claim provided them immunity from lawsuits filed after that age.
However, the 2023 Child Victims Act nullifies these age limitations, sparking debates on its legality. Plaintiffs’ sex abuse lawyers in Maryland firmly maintain that the legislature can amend statutes of repose, a stance backed by the Maryland Attorney General in support of the Act’s constitutionality.
December 12, 2023 – Lawyers Gear Up to Defend CVA
Attorneys in Maryland specializing in sex abuse cases are preparing to staunchly defend the Child Victims Act, a crucial law we have long anticipated would face challenges. As expected, the Roman Catholic Archdiocese of Washington is contesting the validity of lawsuits filed in Montgomery and Prince George’s counties, questioning the constitutionality of the act in their bid to have these clergy sexual abuse lawsuits dismissed.
At the heart of this dispute is the 2017 statute of repose enacted by the Maryland General Assembly, which the church claims grants an irrevocable right, barring legal claims after a set period post the last related action or occurrence, regardless of when the harm was discovered.Our Maryland sex abuse lawyers think this argument is fundamentally flawed.
The Maryland legislature, having established this rule, also possesses the authority to amend it, right? The decision to dismiss these cases currently rests with the trial judges, and while a favorable ruling at this level is of course desirable, the ultimate decision is expected to be made by the Maryland Supreme Court. Our legal team believes the Supreme Court is unlikely to invalidate the statute.
November 15, 2023 – Baltimore Priest Forced to Leave
The Catholic community in Baltimore is facing the closure of a church following the ousting of its head pastor, Father Paschal Morlino, due to a sex assault claim. The Archdiocese of Baltimore declared that the church, served by Father Morlino for almost four decades, would cease most of its operations from November 15.
This follows a 2018 accusation that Morlino sexually harassed an adult congregant who has since passed away in 2020. Although Morlino settled the complaint with an undisclosed payment, his departure has left the parish without a leader, prompting the joint decision for closure by the Archdiocese and the church’s managing body, Saint Vincent Archabbey.
The Archdiocese’s statement expressed regret and offered assistance to parishioners for transitioning to nearby churches for continued Catholic services. Despite this, the church’s community programs will persist under the stewardship of the Benedictines.
This shutdown in the latest punch in the midst of an influx of child sex abuse lawsuits due to a change in Maryland’s new law allowing for unlimited filing times for such cases. The Archdiocese, as we discuss below, is seeking bankruptcy protection in September, with the new sexual assault state of limitations law in Maryland cited as a major reason.
November 11, 2023: New Lawsuit Against Key School
In a new lawsuit filed in the District of Maryland, a woman has sued The Key School, Incorporated and its related entity for sexual abuse that allegedly occurred while she was a student in the 1970s.
The lawsuit claims that teachers at The Key School sexually abused the plaintiff and other students as part of a systemic culture of abuse that spanned decades. The suit alleges that the school’s administrators, faculty, and board members were aware of the abuse but chose to remain silent. She seeks compensatory and punitive damages for the severe emotional, physical, and psychological trauma she endured as a result of the abuse and the school’s failure to protect her.
October 20, 2023 – Abuse Lawsuit Under CVA Filed
A Maryland woman has launched a lawsuit against St. Clement Parish in Baltimore, alleging she was subjected to sexual and psychological abuse by a priest during her youth. This legal action leverages the newly enacted Child Victims Act in Maryland, which eliminates the statute of limitations for civil claims against institutions related to minor sexual abuse cases
.The case gains its foundation from the Maryland Attorney General’s Office’s extensive investigation into the Archdiocese of Baltimore, which revealed a shocking history of abuse and cover-up spanning eight decades. The investigation identified over 600 child victims and implicated more than 156 clergy members in the abuse scandal.
The plaintiff, now 68, is seeking justice and accountability for the abuse she claims to have suffered at the hands of a priest at her parish school, St. Clement’s of Lansdowne. Her lawsuit accuses the parish and its school of negligence in their employment, training, and retention of Maskell, highlighting a failure to protect students under their care.
October 9, 2023 – Archdiocese of Baltimore Files Bankruptcy
The new Maryland law lifting the statute of limitations on civil lawsuits for child sexual abuse took effect on October 1st. The Archdiocese of Baltimore was expected to be a significant target in the anticipated wave of lawsuits that would get filed this week. In a preemptive strike, however, the diocese filed bankruptcy last week. The bankruptcy blocks all civil lawsuits and eventually forces abuse victims to seek compensation under a bankruptcy trust fund.
September 30, 2023 – New CVA Law Takes Effect Soon
Next week, the new Maryland law lifting the statute of limitations for child sex abuse victims will take effect, and hundreds of lawsuits are expected to be filed. The Archdiocese of Baltimore (AOB) will be the primary target of these lawsuits. It is becoming increasingly likely that the AOB will file bankruptcy to help limit its potential liability in these cases.
The AOB has a checked history of hiding assets to protect it from potential liability. A recent article in the Baltimore Sun details how the AOB has previously transferred assets and deeded properties away to protect them from possible creditors. Other churches and organizations (such as the Boy Scouts) have also used bankruptcy to help protect them from a wave of child sex abuse liability. If the AOB files for bankruptcy, it doesn’t mean victims will get nothing. However, victims will likely get less compensation than they would otherwise, and their search for justice will be delayed.
September 27, 2023 – New AOG Report on Clergy Abuse
This week, the Maryland Attorney General’s office released a new version of the investigation report detailing decades of child sexual abuse and coverups within the Baltimore Catholic Church. This new version of the report had fewer redacted names of the accused abusers. However, the names of 5 critical officials within the Archdiocese remain redacted because they are appealing the decision to allow their names to be released. There is no question this fuels more clergy abuse lawsuits in Maryland.
September 15, 2023 – Archdiocese of Baltimore Considering Bankruptcy
Earlier this week, the Archdiocese of Baltimore admitted that it is considering Chapter 11 bankruptcy as one option for dealing with the mounting tide of child sex abuse liabilities. On October 1st of this year, the Maryland Child Victims Act of 2023 goes into effect, eliminating the statute of limitations on civil lawsuits for clergy sexual abuse. The Baltimore Archdiocese is expecting to face hundreds, possibly thousands of civil claims by sex abuse victims under the new law.
Chapter 11 bankruptcy is a tool other churches have utilized in clergy abuse lawsuits around the country, and it is likely coming to Baltimore. It does not mean that victims will not get compensation. The bankruptcy court would establish and supervise a victim’s trust fund. Victims would submit claims and be awarded compensation from the fund.
August 15, 2023 – Court Orders Release of Priest Names in Sex Abuse Report
A court order in Baltimore has approved the unveiling of the majority of the concealed identities in a report detailing the Archdiocese of Baltimore’s history of child abuse as the pressure for more transparency heats up.
According to the recently disclosed court records, 43 out of 46 obscured names are set to be made public. Before the attorney general’s office releases an unredacted version of the report, those named will have the chance to challenge the decision. Challenge based on what? Who knows? But previous proceedings occurred privately.
The Baltimore Sun had previously identified some individuals, which caused a stir and led to resignations and reassignments. The newspaper also highlighted ten alleged abusers in its articles. One key individual, former Rev. Joseph F. O’Brien, remains anonymous in the report because he wasn’t informed about his presence in the report, which is utter nonsense.
The 463-page report by the attorney general outlines how, over the 20th century, 156 church staff members abused at least 600 minors and young adults. Just awful. And it understates the scope of the abuse. But the report is even worse because it is not just the bad guys who are at fault. The report also underscores the allegation that Baltimore sex abuse lawyers have been making for years: the Catholic Church made extensive efforts to conceal these heinous crimes.
Some abuse survivors have commented on the redactions in the report, equating them to the Church’s previous attempts at concealment. They are not equal, but it is easy to see their point. Yes, the Archdiocese of Baltimore had agreed to make the report public following the completion of the attorney general’s four-year inquiry. But it also supported some employees and clergy members who contested their inclusion in the report. This report primarily draws from the church’s records, procured through a grand jury subpoena.
What is Sexual Abuse or Assault?
Sexual abuse and sexual assault are defined as intentional touching or contact without the other person’s consent and for sexual gratification, arousal, or humiliation. In the context of a civil lawsuit, sexual abuse or assault is often referred to as sexual battery, and it can range from groping to forcible rape.
These two key elements must be present to meet the definition of sexual abuse or battery. First, the sexual touching must be done intentionally. If one inadvertently grabs a student’s breast vagina in a crowded elevator or to catch them from falling, there is no intent, and it does not qualify as sexual battery.
The second element is the lack of consent. For intentional sexual touching to qualify as abuse or assault, it must be done without mutual consent. Under Maryland law, minors under the age of 18 cannot give consent to sexual touching. Any sexual contact with a minor by an adult is automatically considered sexual battery.
So if a teacher has a sexual relationship with a 15-year-old student, that would be sexual battery even if the student willingly participated and consented. Legally, the 15-year-old did not have the capacity to consent to sexual contact with the adult teacher.
When Can Sex Abuse Victims File a Lawsuit?
Sexual abuse or assault is both a criminal and civil offense in Maryland. This means that sex abuse victims have the right to press criminal charges and/or file a civil lawsuit and seek financial compensation. Anyone who has been the victim of sexual abuse or assault can file a lawsuit.
Sex abuse victims can file a civil lawsuit regardless of whether the abuser was ever criminally charged or convicted. In fact, victims can file a civil lawsuit even if they never reported it to the police or told anyone that it happened.
The evidentiary burden for proving sexual battery in a civil case is much lower than the burden in a criminal case. This means it is much easier for a plaintiff in a civil lawsuit to prove that the sexual abuse or assault occurred. So even if an abuser escapes criminal justice, they can still be held accountable in a civil court.
Who Can You Sue in a Sex Abuse Civil Case?
The person who committed the abuse is always the most obvious defendant in a civil lawsuit for sexual battery. However, suing the individual abuser is often pointless because you probably will not be able to get any money out of them even if you win (unless the abuser is someone very wealthy, like Donald Trump or a professional athlete).
To get money in a sexual abuse lawsuit, the plaintiff needs to go after third parties such as a school, church, hospital, nursing home, or organization (e.g., the Boy Scouts). These third-party defendants can be held liable in a civil lawsuit if the plaintiff can show that their negligence enabled the abuse to occur or continue.
For example, if a teacher sexually abuses a student, the school can be named a third-party defendant. The school can be held liable for failing to investigate, negligent supervision, or negligent hiring.
Maryland’s New Statute of Limitations for Sex Abuse Civil Lawsuits
The statute of limitations is a law that sets a deadline for how long a victim can wait before filing a civil lawsuit for sexual abuse. The victim will lose their right to sue if the lawsuit is not filed before the SOL deadline expires. The statute of limitations in Maryland has recently been eliminated entirely for cases involving child sex abuse. The applicable SOL rule for adult sex abuse and child sex abuse cases are explained below.
- When the Victim is an Adult
If the victim was over the age of 18 when the sexual abuse or assault occurs, Maryland’s general 3-year statute of limitations for tort actions will apply. Md. Code Ann., Cts. & Jud. Proc. § 5-101. Under this rule, the victim has 3-years from the date of the last sexual assault or abuse to file their civil lawsuit.
- When the Victim is a Child
If the victim was a minor (under 18) when the sexual abuse or assault occurred, there is no statute of limitations in Maryland. In 2023, the Maryland legislature passed the Child Victims Act, now the state’s law. Under this new law, civil lawsuits based on sexual abuse or assault in which the victim was under 18 are not subject to any statute of limitations. This means that a victim of child sex abuse in Maryland can file a lawsuit no matter how many years have passed since the abuse occurred.
Residential Treatment Center Sex Abuse Lawsuits
Residential treatment facilities have become very poplar over the last 2 decades. These facilities offer a variety of mental health services for treatment of depression, drug addiction, anxiety, eating disorders, and more. The facilities are typically secured residential centers where patients receive in-house care under certain restrictions. Many residential treatment centers are geared towards troubled teens who are sent by their parents or the Department of Juvenile Services.
Recent investigations and reports into residential treatment facilities across the country has reveal the sad truth that sexual abuse of residents is a widespread problem, especially in facilities that accommodate more vulnerable juvenile residents. The investigations have shown that a lack of oversight, understaffing, and other issues have enable systemic abuse to occur.
These investigative reports have led to a growing wave of sex abuse lawsuits against residential treatment facilities and the private healthcare companies that own and operate them. The 3 biggest operators of residential health treatment centers who have been named in most of the lawsuits are Universal Health Services (UHS), Acadia Healthcare, and Devereux Advanced Behavioral Health. In Maryland, several facilities operated by some of these companies are under scrutiny for their histories of abuse and neglect, as highlighted in recent congressional reports.
- Springfield Hospital Center (UHS) – Sykesville: This facility has faced scrutiny for its treatment of youth, with reports indicating inadequate supervision and a troubling environment that may contribute to the mistreatment of vulnerable populations.
- The Jefferson School (UHS) – Baltimore: Known for serving children with behavioral issues, The Jefferson School has been criticized for insufficient oversight and treatment practices that may have led to instances of neglect and abuse.
- White Deer Run Treatment Network (Acadia Healthcare) – Various Locations: Although primarily known for substance abuse treatment, facilities within the White Deer Run network in Maryland have faced allegations of failing to provide adequate care and supervision, particularly for young and vulnerable populations. Reports have emerged about staff inadequacies and unsafe conditions, reflecting broader systemic issues within Acadia’s operations.
- Devereux Advanced Behavioral Health – Maryland: Devereux operates several facilities in Maryland, including the Devereux Maryland Treatment Network. Allegations of failure to protect children from abuse and the creation of unsafe environments have been part of ongoing litigation against these institutions. Their collaborations with local school districts and healthcare providers further complicate the landscape, as concerns about the quality of care provided continue to mount.
Settlement Value of Sex Abuse Lawsuits in Maryland
Several factors drive the settlement value of sex abuse civil lawsuits in Maryland. The most significant factors in evaluating a sex abuse case for settlement are listed below.
- Nature and Severity of the Abuse: The nature and physical severity of the sexual abuse always play a significant role in the case’s settlement value. Abuse involving significant physical violence will drive the value up. So will abuse that continues for long periods as opposed to a single incident.
- Strength of the Evidence: When the plaintiff has solid, definitive evidence to prove that the abuse happened, it will always drive the case’s settlement value up. Cases supported by external evidence are stronger than those involving the plaintiff’s word against the defendant’s.
- Strength of Third-Party Liability: A strong theory of negligence liability against a third party, such as a school, church, or other organization, will boost the case’s settlement value.
- Size and Reputation of Third-Party Defendant: The financial position and public image of the church, school, or other third-party defendant can influence the settlement amount. Larger, more established third parties may be more likely to settle for higher amounts to protect their reputation and avoid a lengthy trial.
- Your Lawyer: The experience and skill of the attorneys representing both the victim and the church or company can influence the settlement process and the final settlement amount. The best Maryland sex abuse lawyers fetch the higher settlement amounts for their clients.
Sexual Assault Settlement Amounts and Jury Payouts
Below are sex abuse settlements and verdicts. Why not a long list of Maryland cases? Defendants are afraid to take these cases to trial. Few of these are settled without ironclad confidentiality. So you do not see many sexual assault settlement amounts, just jury payouts.
Confidentiality agreements in sexual abuse settlements, particularly involving churches, serve multiple purposes. They can protect an institution’s reputation, deter victims from speaking out due to legal penalties, and shield unrelated individuals from unwarranted association with the abuse. While they may offer victims a sense of privacy, there’s criticism over their use, with concerns that they prioritize institutions over victims. A rising movement in places like California, which has passed new laws, seeks transparency and accountability, challenging the protective veil these agreements provide to organizations.
These sexual assault lawsuit settlement agreements are awful. Do our lawyers sign them? Absolutely. Our clients often want their settlement amount and their privacy and are more than willing to give confidentiality. Our loyalty is to them.
- $135,000,000 Verdict (California 2024): The plaintiffs were a pair of students at a middle school who claimed that they were sexually abused by their male teacher. They sued the Moreno Valley School District for negligent hiring. Before being hired as a teacher, the perpetrator had been charged with 10 counts of child sexual molestation, pled the charges down, and served a short time in jail … then somehow got hired to teach middle school children. The size of the verdict in this case is clear reflection of the anger and disgust the jury likely felt.
- $800,000 Settlement (Maryland 2024): The Maryland Department of Corrections paid $800,000 to settle a lawsuit brought by a former prison inmate who alleged that he was sexually assaulted by correctional officers at the state prison in Hagerstown.
- $100,000,000 Settlement (West Virginia 2023): Former students at a private boarding school in West Virginia detailed harrowing allegations of sexual abuse as part of a larger series of mistreatment claims. Alongside other complaints about confinement in dark, small “quarantine rooms” in Salem, Harrison County, the students’ accounts shed light on invasive violations of privacy and sexual misconduct. These testimonies raised concerns about the school’s environment and the safety of its students. Despite being aware of these abuses, the staff members failed to intervene or report the misconduct as mandated by West Virginia law and rules of human decency. Following the exposure of these allegations, a significant settlement nearing $100 million was negotiated.
- $1,000,000 Settlement (Missouri 2023): While under insufficient staff supervision at a day care, a 13-year-old autistic boy was molestation by a fellow student. The offender confessed that he was the instigator of the abuse and had instructed the boy in sexual behaviors. A day care lawsuit led to a $1 million settlement between the day care and the victim’s family.
- $331,000 Verdict (New Jersey 2023): A firefighter and youth counselor employed by the City of Perth Amboy sexually abused a boy from when he was eight until he was 12 years old through his position as a youth group mentor. The lawsuit alleged that the City was liable for failing to properly supervise their employee when they knew or should have known the employee posed a threat of foreseeable harm to the plaintiff. However, they failed to take reasonable steps to protect the plaintiff from that harm.
- $26,838 Verdict (New York 2023): The plaintiff accepted a ride in a Yellow Cab. Once in the car, the cab driver grabbed her hand and forced her to touch his exposed genitals. She escaped the vehicle and immediately reported the incident to the police. She later sued the cab company for negligently hiring the driver after a ride-share company had previously fired him for a similar incident.
- $3,300,000 Settlement (Washington 2022): At age 5, the plaintiff was placed in foster care and later adopted by a family that the defendant, Washington State Department of Social and Health Services (DSHS), had earlier determined was a home where any child placed there was at high risk to be sexually abused. The plaintiff was sexually abused in the home from age 5 to 15. He sued DSHS for negligently putting him in a home that was a known risk.
- $10,000 Verdict (New York 2022): A 26-year-old female who worked as a publicist in the film industry alleged that she was raped by the defendant, a famous director and screenwriter. The plaintiff claimed that the defendant lured her up to his apartment after a film premier event and forced her to perform oral sex, then raped her even though she repeatedly told him no. There was no third-party defendant in this case, but the abuser was independently wealthy.
- $500,000 Verdict (Oregon 2022): A minor brought this civil lawsuit for an alleged single incident of sexual assault by an adult defendant. The lawsuit alleged that the defendant touched the plaintiffs’ genitals without consent. The defendant was also convicted of third-degree sexual abuse based on the same incident in a criminal case.
- $2,100,000 Settlement (Washington 2022): The plaintiff was sexually abused by his bowling coach Ty Treddenbarger. Treddenbarger was permitted overnight access to minor children unchecked and unquestioned while attending certified bowling tournaments. Treddenbarger was a well-known bowling coach and had risen to prominence in the local, national, and global bowling communities. This renown resulted in Treddenbarger’s unfettered access to children in the bowling community. The lawsuit accused the U.S. Bowling Association of negligently enabling the abuse to occur despite warnings.
- $950,000 Settlement (Illinois 2021): In this case, a female kindergarten student in East Aurora School District was sexually abused by her teacher. The lawsuit was brought against the school district and alleged there had been previous allegations of sexual misconduct by the same teacher. Still, the school failed to conduct a proper investigation and negligently allowed the teacher to remain on the job.
- $3,410,730 Verdict (North Carolina 2021): The plaintiff claimed that her father sexually abused her from age 8 to 17. She filed a civil lawsuit against her father and mother, claiming that her mother knew about the abuse and failed to stop it. There was no other third-party defendant in this case, and it is not clear whether the parents were wealthy.
- $2,000,000 Settlement (Washington 2021): The plaintiff brought this lawsuit alleging that she was sexually abused by her high school band and music teacher from 1988 to 1991. She filed her lawsuit years after Washington state amended its statute of limitations for child sex abuse cases. She asserted that the school district was liable for failing to supervise the teacher and prevent abuse properly.
- $2,500,000 Settlement (Illinois 2020): The plaintiff alleged that her elementary school teacher sexually abused her as a student. The lawsuit accused the school district of negligence for failing to conduct a proper background check on the teacher and failing to enforce policies to prevent sexual abuse from occurring.
Contact Our Sex Abuse Lawyers
If you are considering filing a civil lawsuit for sex abuse in Maryland, contact us at 800-553-8082 for a free consultation.