Victims of sexual abuse or sexual assault can file civil lawsuits against the individual abuser and/or companies or organizations (e.g., the church, Boy Scouts, etc.) that negligently failed to prevent the abuse. Sex abuse civil lawsuits allow victims to get justice and financial compensation.
The Maryland legislature is expected to pass a new law this year to eliminate the statute of limitations for civil lawsuits involving sexual abuse. Once passed, the new law will enable victims to bring civil lawsuits for sexual abuse no matter how long the abuse occurred. The law is expected to lead to many sex abuse lawsuits against organizations churches, schools, and other organizations.
Similar laws recently enacted in other states have led to millions in compensation payouts for sex abuse victims. This post will look at the potential settlement value of sexual abuse civil lawsuits under the proposed Maryland law.
About Sexual Abuse Civil Lawsuits
Sexual abuse or assault is any form of non-consensual sexual touching or contact. Children under 18 do not have the legal capacity for consent, so technically, any sexual contact by an adult with a minor can be sexual abuse.
Sexual abuse or assault is a criminal act, and the state can charge and criminally prosecute offenders. Aside from criminal prosecution, however, victims of sexual abuse can file a civil lawsuit and seek financial compensation from the abuser. Victims can also sue third parties such as a church, school, or the company the abuser worked for.
New Law Will Lift Statute of Limitations on Maryland Sex Abuse Lawsuits
Currently, sexual abuse civil lawsuits are subject to the 3-year statute of limitations applicable to all tort cases in Maryland. This means that abuse victims get 3-years from the date of the abuse to file a civil lawsuit. Otherwise, their claim will be legally barred. Md. Code Ann., Cts. & Jud. Proc. § 5-105. If the victim is under 18 when the abuse occurs, the 3-year SOL period does not begin until they turn 18.
Over the last five years, a growing number of states have amended their laws to allow victims of sexual abuse to avoid the statute of limitations and bring a lawsuit for abuse that occurred a long time ago. In 2023, Maryland is expected to join this collection of states that have lifted their statute of limitations on sex abuse cases.
The Child Victims Act of 2023 is a new bill before the Maryland state legislature that will remove the 3-year statute of limitations for sexual abuse civil lawsuits. The law will allow sex abuse civil lawsuits to be filed no matter how many years have passed since the abuse occurred. The bill has already been approved by a state Senate committee and is expected to pass before the end of the current legislative session.
Settlement Value of Sex Abuse Cases Under the New Law
Settlement amounts in Maryland sexual abuse lawsuits under the new law will be determined through a variety of factors, including the severity of the abuse, the impact it has had on the victim’s life, the responsible party’s financial assets and insurance coverage, and the cost of medical expenses and therapy. Other factors that may be considered include the length of the abuse, the number of victims involved, and the credibility of the victim’s testimony. In some cases, the settlement may also consider the strength of the evidence against the responsible party and the likelihood of success in court.
Ultimately, the settlement amounts in sex abuse cases are negotiated between the parties involved, considering all relevant factors. The goal of the settlement is to compensate the victim for their losses and provide them with a sense of closure while also acknowledging the harm that has been done. The settlement should also – if done correctly – serve as a deterrent to others in Maryland who might engage in similar awful conduct in the future. We are not talking about discouraging only perpetrators but also the businesses and religious organizations who should have done more to prevent the terrible things that happened.
Settlement amounts in sexual abuse cases also depend on what the victim wants instead of just the full extent of the harm that has been done. Some victims may accept a lower settlement amount in exchange for a quicker settlement. They want to put it past them. Others may prefer to take their case to court to hold the responsible party accountable and seek a more significant award. If you are a victim and want to bring a claim, you must decide the best path for yourself.
Calculating Maryland Sex Abuse Settlement Amounts
It is hard to place a dollar figure on sexual assault lawsuits. No amount of money can truly compensate victims of sexual abuse for the physical, emotional, and psychological harm they have suffered. But this is what we must do in the civil justice system because a settlement payout or jury verdict is all that can be given. So, yes, we are talking about compensation for the harm suffered, but it is essential to acknowledge that no amount of money will fully make up for the harm that has been done in these tragic cases.
So, that said, settlement amounts for sex abuse lawsuits are typically driven by six factors:
- The severity of the abuse and the impact on the victim’s life: This includes the extent of physical and emotional harm caused to the victim. These factors are not equally weighted. This severity of the abuse and the impact on the victim’s life is what drives settlement compensation in sex abuse cases.
- The financial assets and insurance coverage of the defendant: Sadly, this is the most significant factor in some cases. There needs to be a defendant who can pay damages, which is why many of the most worthy sex abuse lawsuits never see the light of day.
- The jurisdiction of the lawsuit: In Maryland, there are wide gaps between how much money jurors award on average in civil lawsuits. You can cross over a county line, and your lawsuit is suddenly worth double what it was.
- The credibility of the victim’s testimony: This will impact the strength of the victim’s case and, thus, the payout
- The length of time the abuse took place: If the abuse occurred over a long period, the settlement amount is likely to be higher.
- The strength of the evidence against the defendant: If the evidence against the defendant is strong, the settlement amount is likely higher.
Sex Abuse Settlements and Verdicts
Below are summaries of prior sexual abuse lawsuits which resulted in publicly reported settlements or verdicts. These cases give us a general idea of the potential settlement value of sex abuse cases, although the settlement value of sexual abuse lawsuits is often very case-specific.
Why are there no Maryland-specific settlements on this list? Few Maryland sex abuse civil settlements are readily available to the public because defendants often demand confidentiality to settle the case. Confidentiality clauses or non-disclosure agreements (NDAs) prevent the plaintiff from disclosing the settlement terms or the fact that a settlement has been reached.
- $125,000 Settlement (New Jersey 2022): The plaintiff claimed she was the victim of repeated sexual assault, harassment, and a sexually hostile environment at the hands of her high teacher while she was a 14-year-old student during the 2019-2020 school year in Toms River, New Jersey. The school claimed it was unaware of the teacher’s actions until after the fact.
- $2,100,000 Settlement (Washington 2022): The plaintiff brought a sexual abuse civil lawsuit against two bowling organizations, alleging that he was sexually abused as a child by his bowling coach and that the defendant enabled the abuse to occur by allowing inappropriate contact and failing to investigate.
- $6,000,000 Verdict (Florida 2021): The plaintiff, a 17-year-old female, claimed she was repeatedly sexually harassed and abused by her teacher while she was a student at a high school operated by defendant The School Board of Miami-Dade County. The plaintiff alleged that the defendant’s employees had actual notice that Meyers was sexually preying upon current and former female students based on complaints about him in 2008 and 2010. However, the defendant failed to investigate those complaints.
- $1,450,000 Settlement (California 2021): The plaintiff alleged that he was sexually abused as a teenager by his figure skating coach. He brought a civil lawsuit against USA Figure Skating, alleging that the organization negligently failed to protect him from the abuse because it knew about allegations against the coach for years and did nothing.
- $2,000,000 Settlement (Washington 2020): the plaintiff brought a civil lawsuit claiming that her high school band teacher sexually abused her over 30 years ago. She brought her civil lawsuit against the school board, claiming it failed to protect her from the teacher’s abuse and investigate complaints against him.
- $1,500,000 Verdict (Florida 2020): the plaintiff alleged that the defendant, a foster parent, and a law enforcement officer sexually abused him. Unfortunately, the lawsuit was brought only against the abuser, who was in jail by the time of the verdict, so it is unlikely that the plaintiff will be able to collect.
Contact Our Maryland Sex Abuse Lawyers
If you or a loved one has been the victim of sexual abuse, call our compassionate and experienced lawyers at 410-779-4600 or contact us online for a free and confidential consultation to discuss your options for seeking justice and compensation. Learn more about our Clergy Sex Abuse Lawyers.