Maryland Supreme Court Upholds Child Victims Act, Advancing BG’s Fight for Survivors
For more information contact:
Partner D. Todd Mathews: 314.863.5446, tmathews@baileyglasser.com
Partner Sharon Iskra: 304.345.6555, siskra@baileyglasser.com
February 25, 2025: In a major victory for survivors of child sexual abuse, and in a step forward in our lawsuits against the State of Maryland on behalf of thousands of such survivors abused in juvenile hall facilities across the state, the Supreme Court of Maryland upheld the constitutionality of the Child Victims Act of 2023. The law, which took effect on October 1, 2023, eliminates the statute of limitations that historically barred adult survivors’ cases and allows them to file suit for childhood abuse at any time, regardless of their age or the date of abuse. Maryland now joins a growing number of states reforming their laws to ensure that survivors can seek justice, regardless of how much time has passed since the abuse occurred.
In a 4-3 decision, the court ruled that the Maryland General Assembly had the authority to retroactively alter the statute of limitations because defendants did not have vested rights to immunity from suit. Opponents argued that the 2017 statute functioned as a statute of repose, permanently barring claims after a set period. Writing for the majority, Chief Justice Matthew Fader stated that earlier law created only a statute of limitations and that the Child Victims Act of 2023 should remain in effect, affirming the state legislature’s power to modify such limitations and expand legal options for survivors. The ruling strengthens Maryland’s commitment to holding institutions accountable for past abuse.
In October 2023, on the very same day the Maryland Child Victims Act took effect, Bailey & Glasser, LLP, along with three other law firms, filed lawsuits against the State of Maryland on behalf of thousands of survivors. The Complaints allege that past State administrations allowed the systemic rape, sodomy, molestation, torture, and severe neglect of children in juvenile detention centers, causing lasting mental, physical and emotional harm. The Complaints assert that the State failed to properly screen, monitor, or remove staff and third-party providers with histories of excessive force and felony convictions, despite decades of external investigations, lawsuits, and direct complaints from victims.
D. Todd Matthews, lead counsel at Bailey & Glasser, LLP, emphasized the importance of the ruling: "This ruling is a watershed moment for survivors of child sexual abuse in Maryland. Survivors have fought too long to have their voices heard, and today, the court made it clear that their pursuit of justice will not be denied."
Sharon F. Iskra, Bailey Glasser’s Institutional Abuse & Neglect team leader added, "The court’s decision reinforces what survivors have known all along—that the trauma of abuse does not expire, and neither should their right to seek accountability.”
Clients were deeply moved by the news of the ruling. One stated, “I’m so relieved that we are being affirmed this way; that after all we’ve been through, we now have a voice, and it will not be taken away.” Another commented, “To all who hurt us, you’re not going to win now. I hope this encourages any child being physically or mentally hurt to speak out and get help. We had to stand up to get through this. We did it for us, we did it for you.”
The law firms representing the survivors include Bailey & Glasser, LLP, Anapol Weiss, DiCello Levitt, and Rhine Law Firm
Bailey Glasser's lead counsel includes founding partner Brian A. Glasser, Mass Torts Practice Group leader David L. Selby II, partner D. Todd Mathews, and Sharon F. Iskra, head of the firm’s Institutional Abuse & Neglect practice.
The firms remain committed to working with the current administration to pursue justice and closure for survivors. As Maryland Attorney General Anthony G. Brown stated in the April 2023 report on child sexual abuse in the Archdiocese of Baltimore: “Our judicial system should provide a means for victims who have suffered these harms to seek damages from the people and institutions responsible for them.”
Visit our Maryland Juvenile Hall Sexual Abuse page to learn more about our fight for juvenile abuse survivors.
For more information on the Maryland Supreme Court’s Ruling, view the links below:
Maryland Supreme Court upholds Child Victims Act as constitutional - Baltimore Sun
Maryland's highest court upholds ending statute of limitations on child sex abuse lawsuits | AP News