MARYLAND

Sexual abuse of minor

Definitions

(a)(1) In this section the following words have the meanings indicated.

(2) “Alleged perpetrator” means the individual alleged to have committed the specific incident or incidents of sexual abuse that serve as the basis of an action under this section.

(3) “Sexual abuse” has the meaning stated in § 5-701 of the Family Law Article.

In general

(b) An action for damages arising out of an alleged incident or incidents of sexual abuse that occurred while the victim was a minor shall be filed:

(1) At any time before the victim reaches the age of majority; or

(2) Subject to subsections (c) and (d) of this section, within the later of:

(i) 20 years after the date that the victim reaches the age of majority; or

(ii) 3 years after the date that the defendant is convicted of a crime relating to the alleged incident or incidents under:

1. § 3-602 of the Criminal Law Article; or

2. The laws of another state or the United States that would be a crime under § 3-602 of the Criminal Law Article.

Actions brought more than 7 years after victim reaches age of majority

(c) In an action brought under this section more than 7 years after the victim reaches the age of majority, damages may be awarded against a person or governmental entity that is not the alleged perpetrator of the sexual abuse only if:

(1) The person or governmental entity owed a duty of care to the victim;

(2) The person or governmental entity employed the alleged perpetrator or exercised some degree of responsibility or control over the alleged perpetrator; and

(3) There is a finding of gross negligence on the part of the person or governmental entity.

Actions against person or governmental entity not the alleged perpetrator

(d) In no event may an action for damages arising out of an alleged incident or incidents of sexual abuse that occurred while the victim was a minor be filed against a person or governmental entity that is not the alleged perpetrator more than 20 years after the date on which the victim reaches the age of majority.

 

Clark v. State, 774 A.2d 1136, n.8 (2001). “Maryland has no statute of limitations on felonies or penitentiary misdemeanors beyond that imposed by the life of the offender.”

Massey v. State, 579 A.2d 265, 267 (1990) “[T]here is no general period of limitations applicable in criminal proceedings.”

Smallwood v. State, 51 Md. App. 463, 467, 443 A.2d 1003, 1006 (1982) (no statute of limitations for felonies and at common law criminal proceedings permitted at any time during lifetime of perpetrator)