Maryland Supreme Court takes on constitutionality of erasing time limits in sex abuse cases
BALTIMORE -- Maryland's highest court heard arguments Tuesday on whether a state law passed last year that gets rid of time limits on filing sexual abuse cases is constitutional. It's a case that could impact hundreds of lawsuits against the Catholic church.
Those appealing, including the Archdiocese of Washington, which controls several Maryland churches, said they should not be sued for cases dating back decades.
Abuse survivors speak
Dave Lorenz, an abuse survivor who works with victims of child sex abuse within the Catholic church, did not hold back against those fighting to turn back the new Maryland law that erased the statute of limitations on those cases.
"They should just be ashamed of themselves," Lorenz said. "The next sentence out of their mouths is they want to do everything they can for survivors. They should be ashamed of themselves."
Church appeal
The Maryland Supreme Court justices heard arguments from the Archdiocese of Washington that the Child Victims Act goes against a measure that was passed six years earlier that protected the church against claims once victims turned 38 years old.
"At the expiration of a specific period of time, the defendant obtains complete peace. The claims are put to rest, potential liability is extinguished," said Richard Cleary, an attorney for the Archdiocese of Washington. "That is a substantive right."
Cleary added, "They were putting to rest a specific category of claims against a specific category of defendants."
Attorney Cate Stetson, an attorney for victims, rejected that premise.
"What these defendants are saying is they have a vested right, a right that cannot be taken away from them, not to be sued for the terrible things that they did decades ago," Stetson said.
WJZ has extensively covered the case of Teresa Lancaster who was abused by the notorious Father Joseph Maskell in Baltimore.
"If our law is found unconstitutional, people will die. They will die," Lancaster told WJZ Investigator Mike Hellgren. "These crimes have harmed many, many people. We deserve our day in court, we deserve justice. I'm very, very enthusiastic with what I heard today."
Bankruptcy in Baltimore
While the Archdiocese of Washington is fighting claims in court, the Archdiocese of Baltimore has filed bankruptcy.
Lawyers behind a class action lawsuit against the Washington archdiocese said in many cases victims do not remember their abuse until years later.
"The insidious nature of child sexual abuse often makes it difficult for victims to come forward until decades after they're actually abused. There's a lot of research and science that backs that up," attorney Andrew Janet said.
"No one should immunize admitted sexual abusers and their enablers for life, meaning the other side is asking for immunity from ever being sued forever," said attorney Jonathan Schochor.
Making a decision
It will likely take months for the Maryland Supreme Court justices to make their decision on whether the elimination of the statute of limitations is constitutional.
This will affect all sexual abuse cases, not just those involving the church.
Completing investigations
Survivors are calling on the Maryland Attorney General to complete his investigation into abuse cases in other Maryland churches controlled by the Archdiocese of Washington and the Archdiocese of Wilmington, Delaware.
"We continue to receive information from survivors about allegations of child abuse in the Archdiocese of Baltimore, including information received after our office released the Report on Child Sexual Abuse in the Archdiocese of Baltimore in April 2023, and we continue to investigate sexual abuse associated with the Archdiocese of Washington, DC and the Diocese of Wilmington, Delaware," said Jennifer Donelan, a spokesperson for the Office of Attorney General.
Donelan said people can report information through the office's hotline at report@oag.state.md.us or by calling 410-576-6312.
