Statute of Limitations
UPDATE: House Bill 556 was recently withdrawn by its sponsor, meaning that it will no longer be considered this session of the General Assembly. Senate Bill 238 was defeated in the Senate Judicial Proceedings Committee in a 8-2 vote. Thanks to all those Catholics from around the state who contacted their lawmakers and asked them to oppose these bills.
Legislation, advanced by out-of-state money, to sue the Catholic Church for decades-old claims was recently introduced in the Maryland General Assembly.
Click the links below to learn more about Senate Bill 238/House Bill 556, which would discourage early reporting of abuse, target private entities, and cause damage to the Church's social service and educational ministries.
In all three Maryland dioceses, employees and volunteers undergo mandatory fingerprinting and criminal background checks, and they also receive training in how to create a safe environment and recognize abuse. Children – including those in Catholic schools and religious education programs – are taught to recognize abuse and protect themselves. Millions are spent by the dioceses annually on these efforts.
The Maryland dioceses have long been committed to the treatment and healing of those who have been harmed through abuse. We apologize, offer immediate assistance and pay for counseling and therapy for victims, and in many cases for their families. We do this for as long as it is helpful, and regardless of the age of the incident. We have done this for years not because a law told us to, but because it is the right thing to do. We provide this support regardless of lawsuits and statutes of limitations. The dioceses have also made millions in direct payments to victims.
The statute of limitations is a part of the law that imposes a time limit on the filing of a legal claim. It is intended to protect the interests of all parties by guaranteeing that legal questions are addressed in a timely, fair manner. There are two types: criminal, which deals with the prosecution of an individual for a crime, and civil, which deals with lawsuits for money damages. The legislation with which the Church is concerned has to do with the civil statute of limitations.
There is no time limit on the prosecution of felonies – that is, there is no criminal statute of limitations – in Maryland. A person who commits child abuse in this state can be prosecuted until the day he dies.
The civil statute of limitations – in which money damages are sought – is different. A civil child abuse suit against an individual or private institution may be filed at any time before the claimant’s 25th birthday. There is no limit on the amount of damages that may be recovered. Even if the time limit for a civil suit has expired, an individual can still be criminally prosecuted and, if convicted, jailed for the crime of child abuse.
Yes. Government agencies, including public schools, are afforded more protections against civil suits than private institutions. A civil action brought against most public employees or government agencies are subject to much shorter deadlines (often just 6 months) and limits on the amount of damages that may be recovered.
Legislation in the 2009 General Assembly session, Senate Bill 238 and House Bill 556, would create a two-year “window” during which time a person who claims he or she was sexually abused as a child may to file a civil suit not only against the alleged attacker but also against his or her employer, regardless of how long ago the alleged abuse occurred.
This would leave the Church vulnerable to lawsuits from decades-old claims, including claims involving clergy who are now deceased. In California, which passed similar legislation in 2002, half of the lawsuits filed against the Diocese of San Diego involved priests who are dead. This proposed window would not alter the existing special deadlines and damages caps that apply to government entities.
The Church supports holding abusers accountable and supports efforts to protect children. The Church opposes the extension or removal of the civil statute of limitations for child abuse and/or the creation of a “window” during which stale claims can be filed.
The bill to suspend and extend the civil statute of limitations contains no child protection measures. It has no provisions to increase awareness of child abuse, or to promote counseling, or to toughen criminal penalties, or to mandate background checks for employees and volunteers. Children would not benefit from this bill.
In fact, the legislation would undermine current child protection laws and policies that properly encourage the immediate reporting of child abuse. In Delaware, which passed a similar bill in 2007, no new perpetrators were discovered through the lawsuits that were filed.
The dramatic impact of this legislation is focused on private institutions and does not alter the existing special time deadlines and damages caps that protect government entities. In Delaware, all of the lawsuits filed under that state’s “window” law have been filed against the Catholic Church.
The sins committed by small numbers of priests are heinous and have caused grievous harm. But most child abuse is not committed by clergy, but occurs in the home. An Associated Press study released last year revealed that, in a 5-year period, 2,570 public school educators around the country were sanctioned for allegations of sexual misconduct.
Yet a small group of trial lawyers who stand to secure a large percentage of money damages have traveled around the country on behalf of efforts to make it easier to sue the Church. Testimony on similar bills in previous years has targeted the Church, with many witnesses claiming to be abused not in Maryland, but in other states. The Church is a target of trial lawyers because of its diocesan structure and collective holdings.
Statutes of limitation were crafted to protect the interest of all parties and to help guarantee that legal matters are resolved in a timely and fair fashion. They ensure that witnesses are available, memories are fresh, and documents are intact. They apply to nearly every type of legal claim, and are relied on by people and groups to plan their affairs. Maryland's highest court has recognized the important policies behind statutes of limitations and has previously ruled that it is unconstitutional to retroactively revive a lawsuit that had been barred by limitations, which is what the legislation in question proposes.
If this bill becomes law, Maryland dioceses and their parishes would be the subject of decades-old suits that could cost the Church enormous sums of money. This is particularly abhorrent given that current economic woes have led more people to turn to the Church for assistance even while donations have slowed.
The Catholic Church is the largest private provider of social services in Maryland. Its schools educate more than 60,000 students, including many who are low-income, minorities, or not Catholic. Its hospitals and clinics provide medical services to the poor and uninsured. Its outreach programs assist the homeless, the unemployed, immigrants and pregnant women.
In California, where similar legislation was enacted in 2002, claims against the Church already total nearly $2 billion. Five dioceses have filed for bankruptcy. There is no reason to believe that the Maryland legislation, if approved, will not have a similarly devastating impact on the services and programs of the Church in our state.
