MARYLAND
CHILD SEX ABUSE SOLs
CURRENT CIVIL SOL
Summary: There is no SOL for CSA, trafficking, and CSAM claims, and all claims against all defendants are permanently revived.
CIVIL SOL SNAPSHOT
AGE CAP | CSA: NO SOL TRAFFICKING: NO SOL CSAM: NO SOL |
REVIVAL LAW | PERMANENT WINDOW (Never Closes) |
DISCOVERY TOLLING | NONE |
Civil SOL History
| Age Cap | |
| 2002 | Age 21 (age of majority, 18, plus 3 years) under personal injury SOL.[i] |
| 2003 | Added civil claim for sexual abuse of a minor and set SOL at age 25 (age of majority, 18, plus 7 years) for CSA claims, including trafficking and CSAM.[ii] |
| 2017 | Extended SOL for CSA claims, including trafficking and CSAM, to age 38 (age of majority, 18, plus 20 years). Extended the SOL for claims against perpetrators to 3 years after the perpetrator is convicted of a crime related to the victim’s abuse under the law of the federal government or any state. For an action brought after a victim is age 25 against defendants other than the perpetrator, duty of care, control and gross negligence must be proven.[iii] |
| 2023 | Eliminated SOL for CSA claims, including trafficking and CSAM.[iv] |
| Revival Law | |
| 2023 | Opening a permanent revival window on October 1, 2023, which will revive all previously expired CSA claims, including trafficking and CSAM, against all types of defendants. The window has exclusions for deceased victims and damage caps of $1,500,000.[v] |
| Discovery | |
| Common Law | No common law discovery rule for CSA.[vi] |
| Statutory | No statutory discovery rule for CSA. |
[i] Md. Code Ann., Cts. & Jud. Proc. §§ 5-105 (2002) (SOL) & 5-201 (2002) (majority tolling). See also Roe v. Doe, 998 A.2d 383, 385 (Md. Ct. Spec. App. 2010) (finding that the legislature did not infringe upon Defendant’s substantial right when it extended the period of limitations on claims of sexual abuse of minors and made the extension applicable to claims that were not barred by expiration of the previous limitations period).
[ii] Md. Code Ann., Cts. & Jud. Proc. § 5-117(b) (2003) (CSA SOL).
[iii] Id. at § 5-117(b) (2017) (CSA SOL).
[iv] Id. at § 5-117(b) (2023) (CSA SOL); 2023 Md. Laws Ch. 5 (S.B. 686); 2023 Md. Laws Ch. 6 (H.B. 1).
[v] Id. at § 5-117 (2023) (CSA SOL); 2023 Md. Laws Ch. 5 (S.B. 686); 2023 Md. Laws Ch. 6 (H.B. 1).
[vi] Doe v. Maskell, 679 A.2d 1087, 1092 (Md. 1996) (holding that “the mental process of repression of memories of past sexual abuse does not activate the discovery rule”); Scarborough v. Altstatt, 140 A.3d 497, 507 (Md. Ct. Spec. App. 2016) (affirming Maskell by finding “the discovery rule does not apply to toll the SOLs in cases involving memory impairment relating to alleged childhood sexual abuse”).
CURRENT MARYLAND CIVIL LAW
Md. Code Ann., Cts. & Jud. Proc. § 5-117
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.
Case law
CURRENT CRIMINAL SOL
Summary: There is no criminal SOL for any felonies or misdemeanors under common law, including all CSA, trafficking, and CSAM crimes.
CRIMINAL SOL SNAPSHOT
OTHER FELNOIES
RAPE IN THE FIRST DEGREE | No SOL | Clark v. State, 774 A.2d 1136 (Md. 2001) |
SEX TRAFFICKING & CSAM | No SOL | Clark v. State, 774 A.2d 1136 (Md. 2001) |
CURRENT MARYLAND CRIMINAL LAW
Case Law
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)
The information provided is solely for informational purposes and is not legal advice. To determine the Maryland SOL in a particular case, contact a lawyer in the state.
Last Updated: September 12, 2023