A Maryland state law that removed the limits for sexual abuse victims to accuse their abusers is facing legal challenges.
That’s the crux of a case that will be in front of the Maryland Supreme Court this week as the justices hear arguments on whether the Maryland Child Victims Act is constitutional.
When Maryland passed the Child Victims Act last year, it got rid of time limits for those sexually abused as children to take legal action against their abusers.
Before that, the law gave child victims until they were 38 years old to take legal action. That’s not long enough, according to the Survivors Network of those Abused by Priests (SNAP). The organization said many victims don’t come forward until they’re in their 40s or 50s.
David Schappelle was 9 years old when a priest sexually abused him at St. Rose of Lima Catholic Church in Gaithersburg in 1986. But Schappelle told WTOP, he didn’t even remember the abuse until the memories came flooding back when he was in his 40s.
“The issue of time limit is real; it is something that survivors feel,” Schappelle said “They should have the right to come forward whenever they are comfortable, whenever they are capable, whenever they have the ability to, whenever that is.”
Under the old law, it would have been too late for him to seek legal recourse. But when the Child Victims Act was put into effect, he was able to file suit against the Archdiocese of Washington.
The suit comes down to definitions and details. Before the Child Victims Act came into being, previous laws had a set time limitation for victims to come forward, with permanent immunity given to defendants after that time period had passed.
The Archdiocese of Washington is arguing the time period assigned to the law was a statute of repose, which it said cannot be changed by the Maryland legislature. Therefore, it argues the Child Victims Act is unconstitutional. A statute of repose grants defendants a right to be free from liability after a certain point.
Lawyers for the victims disagree, saying the timeline was instead a statute of limitation, which the legislature has full rights to alter or remove.
The Maryland high court is expected to publish their decision within a year, a decision Schappelle will be waiting for to see whether his suit and other similar suits can go forward.
“I want to encourage the state to do what’s right and to think about the survivors and think about the society,” said Schappelle, ”One crime against one child is a crime against the entire society.”
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