The Maryland Child Victims Act, passed in 2023, eliminated the statute of limitations for child sexual abuse survivors to file civil lawsuits, opening the door for thousands of cases, Hannah Gaskill of the Baltimore Sun reported.
Now, Maryland faces the daunting prospect of over $3 billion in settlement liabilities, a financial burden compounded by the state’s $2.7 billion budget deficit. “I think the victims in these cases have borne this cost for years and decades,” said Senate President Bill Ferguson, emphasizing the necessity of compensating survivors despite the fiscal challenges. Current claims under the act total approximately 3,500, many involving abuse at Department of Juvenile Services facilities dating back to the 1960s. Each occurrence of abuse could result in up to $890,000 in restitution.
Maryland’s predicament mirrors challenges faced by other states implementing similar laws. California and New York have also enacted “lookback windows,” allowing survivors to file claims even if the statute of limitations had expired. In New York, the Child Victims Act led to over 11,000 claims, including high-profile lawsuits against the Catholic Church and the Boy Scouts of America, resulting in settlements exceeding $1 billion. California’s recent extension of its lookback window through 2023 has similarly brought thousands of claims forward. While these laws provide survivors a path to justice, they strain public and institutional resources. New York City’s school system alone has faced over $1 billion in claims, forcing difficult budgetary decisions.
The tension between economic justice for survivors and fiscal responsibility is a growing concern. Kathleen Hoke, a University of Maryland law professor, questioned whether many decades-old claims will hold up in court due to challenges in proving abuse. Nevertheless, Ferguson highlighted the moral imperative, stating, “What’s the cost of a young person who’s been repeatedly violated sexually when in the custody of the state?”
Attorney General Anthony Brown’s office is working with external counsel to negotiate settlements in Maryland, but no funds have yet been allocated in Governor Wes Moore’s budget. Legislative analysts warn that the first settlement payments could require hundreds of millions of dollars. Some Maryland lawmakers acknowledge the long-term financial strain but contend that state funds, which in some cases financed the institutions where the abuse occurred, must now be part of the solution. “The sad reality,” Ferguson noted, “is that taxpayer dollars, in some cases, unintentionally funded the abuse.”
Survivors and advocates across the country are calling for systemic reforms to prevent future abuse. Meanwhile, the financial reckoning forces states like Maryland, New York, and California to balance justice with fiscal sustainability. As more cases are brought to light, the debate over how to compensate survivors while safeguarding public resources remains a contentious and urgent issue.
