Lawmakers May Block Statute of Limitation Changes but Justice Will Win out in Key School Case

Capital Gazette
March 7, 2018

https://www.capitalgazette.com/opinion/our_say/ac-ce-our-say-20190306-story.html

A view of Key School, the iconic gazebo and the playing fields, from the air. (Courtesy photo / Dan Harris)

Legislation extending the statute of limitations for child sex abuse in Maryland faces an unlikely future in the General Assembly.

Yet the bellwether for this idea is neither the testimony last week before a legislative committee in Annapolis nor the shameful abuse of former Key School students by instructors dating back 20 to 40 years — and covered up by the school until last year.

It is the clergy sex abuse scandals that continue to rock worldwide Catholicism.

Last week, New York Gov. Andrew Cuomo signed the Child Victims Act into law — extending the statute of limitations so sexual abuse victims in the state have more time to seek criminal charges or sue their abusers.

Here’s what he said as reported by the New York Daily News: “This bill brings justice to people who were abused, and rights the wrongs that went unacknowledged and unpunished for too long. By signing this bill, we are saying nobody is above the law, that the cloak of authority is not impenetrable, and that if you violate the law, we will find out and you will be punished and justice will be done.”

New York became the 11th state to extend the statute of limitations, including a one-year look-back period that lifts the statute will be lifted for victims previously shut out of the legal process.

Maryland is among other states, including New Jersey, Hawaii and Rhode Island, considering similar changes.

But there are roadblocks.

In Pennsylvania, the state House of Representatives passed similar legislation overwhelmingly in January just months after a grand jury report found more than 300 “predator priests” have been credibly accused of sexually abusing more than 1,000 child victims. It had support from Attorney General Josh Shapiro, Democratic Gov. Tom Wolf and Senate Democratic leaders.

However, Catholic bishops and for-profit insurers opposed the two-year window, according to reporting by The Morning Call, and it died in the Republican-controlled Senate without a vote.

Under Maryland law, child sex abuse survivors have until the age of 38 to file civil suits. Survivors over the age of 25 must prove gross negligence.

Proponents hope this legislation will give survivors more options.

The bill faces strong opposition and that opposition may be stronger in the Senate than the House.

Anne Arundel County has two representatives on the House Judiciary Committee considering the change. Del. Sandy Bartlett, D-Jessup, plans to support the bill. Del. Michael Malone, R-Gambrills, has not said what he plans to do.

Like many social issues, failure in one session does not mean the end of the road.

Key School survivors may be small in number compared with victims of clergy abuse in Pennsylvania or New York or Massachusetts. Yet, they have the same righteous strength — born out adversity — that propelled the changes in those states.

This bill may falter this year. We predict that will not be the end of it.