Here Is What Is Happening In Maryland
Civil Statute of Limitations
Discovery Rule: Yes
Limitations Period: Age 18 + 7 years
Tolling: Yes
  • Delayed Statute of Limitations for Actions Based on Child Sexual Abuse (18 + 7 Years); Delayed SOL for Most Other Personal Injury Actions (18 + 3 Years) : Child sexual abuse actions may be brought within 7 years of the date the victim turns 18 years old. Md. Code Ann., Cts. & Jud. Proc. § 5-117 (2008). Most other claims based on injury caused by sexual acts on a minor that do not constitute sexual abuse fall under the general SOL, which is 3 years, see id. § 5-101, although this period will be tolled until the victim turns 18. Id. § 5-201.

  • Discovery Rule Possible But Unlikely: While the Maryland Court of Special Appeals has declined to extend the common law discovery rule to child sexual abuse actions, see, e.g., Doe v. Archdiocese of Washington, 689 A.2d 634 (Md. Ct. Spec. App. 1997), those decisions predate the expansion of the statute of limitations for such actions in 2003 (see above) and generally relied, at least in part, on the fact that the Legislature had created no SOL exception for child sexual abuse actions. See id.

  • No Retroactivity: Effective date, October 1, 2003. 2003 Md. Laws 360, sec 2.
     
Criminal Statute of Limitations
Limitations
Period: 		None for felonies
1 year for misdemeanors
Tolling: No
Exceptions  No
  • No Statute of Limitations for Felony Offenses; 1-Year Statute of Limitations for Misdemeanors : Maryland has no time limitation for prosecutions of felonies. See Clark v. State, 744 A.2d 113, n.8 (Md. 2001). Most sexual offenses are classified as felonies. Md. Code Ann., Crim. Law §§ 3-301 to -324 (2008).
  • 1 year for misdemeanors; 2 years for others.
    See Md. Code Ann., CTS. & Jud. Proc. § 5-106 (2010).
News Coverage
Date Title Author Source PDF
03/03/2013

Bill would restrict custody rights of convicted child sex­abusers in Maryland

 Capital News Service Maryland Daily Record
2009 The Rules Against Scandal And What They Mean For The First Amendment's Religion Clauses Marci Hamilton Maryland Law Review
2/29/2008 Killing Abuse Suit Bill Puts Children At Risk Marci Hamilton Examiner.com
4/10/2003 The Catholic Church and the Clergy Abuse Scandal:
Act Three		 Marci Hamilton FindLaw
02/24/2003

Will State Legislatures Stand Up to the Catholic Church, and Pass Strong Anti-Child Abuse Laws? Maryland's Example Suggests It Will Be A Tough Fight

 Marci Hamilton FindLaw
Upcoming Events
April 14 (D.C.) The 10th annual Race to Stop the Silence (Stop Child Sexual Abuse) 8K Race and Walk (and kids’ fun run) is coming right up on April 14, 2013 in D.C. Don’t miss this fun, educational and important event. Go to www.stopcsa.org or www.dcrace.org/ for Race information and registration, and to see other ways to make a difference!
State Outreach Organizations




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Statute of Limitations: Contact Your Representative
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