In the span of a weekend, the Maryland General Assembly passed a bill to limit the amount of money child sexual abuse victims can receive from both the state and private entities that employed people who abused children.
The bill, introduced by Del. C.T. Wilson (D-Charles County), came into fruition after the state realized the extent of the sexual abuse cases that would likely fall on Maryland through assaults at places like juvenile justice centers.
Some estimates expect more than 5,000 cases filed against the state, causing fears that the payouts could impact Maryland’s impending deficits.
Maryland addressed a $3.3 billion deficit for its upcoming budget and may see a deficit of $6 billion or more in next year’s budget.
“None of us wants to be a yes on a bill like this,” Del. David Moon (D-Montgomery County), a member of the Judiciary Committee said last week. “I wish we had listened potentially to some of the wisdom of some of the colleagues that flagged questions about potential state liability.”
The bill limits the payouts of what survivors can receive from public institutions from $890,00 to $400,000
It limits the cap on private institutions from $1.5 million to $700,000.
It also caps fees for attorneys at 20% for cases settled out of court and 25% for cases that go to trial.
Cases that are filed before June 1 will not be subject to the new caps. About 1,500 cases have already been filed against the state.
The Maryland Attorney General’s Office is already preparing to defend against the avalanche of cases coming forth. The office issued an RFP at the end of March for legal experts specializing in defense in child abuse cases.
David Lorenz, an advocate for the Survivors Network of those Abuse by Priests, said he doesn’t understand why the state needs to limit private institutions’ payouts as well.
“I’m not happy about it, but there are reasons why the state limits its liability. If state can't pay it, so other things have to give,” Lorenz said. “Private institutions, they can declare bankruptcy, and the fact that they lowered the cap from $1.5 million to $700,000 is totally bogus.”
Robert Jenner, managing partner at Jenner Law, said the bill is an affront to survivors.
“It really is just a massive slap in the face to survivors of sexual assault who are trying to put their lives together and come forward, and, you know, take the brave decision to make their abuse public,” Jenner said. “With a cap on attorneys’ fees, it will be very difficult for survivors of childhood sexual assault to find experienced lawyers who are in a position to take these cases when the ability to be compensated for the work.”
The bill still needs to be signed by the governor.
The Child Victims Act went into law in 2023, it got rid of the statute of limitations for the time between an incident and when someone could sue for retribution.
