Author: Brent Hoffman

After many delays, Maryland Attorney General Anthony Brown published a 1,000-page report which detailed an “astonishing” amount of child sexual abuse in the Catholic Church in Maryland over the past 80 years.

The report paints a damning picture of the archdiocese, which is the oldest Roman Catholic diocese in the country and spans much of Maryland. Some parishes, schools, and congregations had more than one abuser at the same time. Roughly a dozen known abusers lived and worked at St. Mark Parish in Catonsville between 1964 and 2004. One deacon admitted to molesting over 100 children. The staggering pervasiveness of the abuse itself underscores the culpability of the Church hierarchy,” the report said.

Baltimore Archbishop William Lori, in a statement posted online, apologized to the victims and said the report “details a reprehensible time in the history of this Archdiocese, a time that will not be covered up, ignored or forgotten.”

Effects of Sexual Abuse

Adverse childhood experiences (ACE) could be physical or non-physical. Either way, these victims usually must endure lifelong consequences, such as:

• Post-Traumatic Stress Disorder: Hypervigilance, anger, flashbacks, and nightmares are some of the most common ACE-related PTSD symptoms. Usually, these symptoms do not emerge until adulthood. So, they completely blindside the victim and are difficult for therapists to treat since there is no identifiable trigger (more on that below).
• Depression/Anxiety: These mental effects, which often appear during childhood, vary greatly. In a few cases, depression and anxiety come and go, and the attacks only last a few days or weeks. Usually, these mental illnesses are chronic, making it almost impossible for victims to function at school, home, or anywhere else.
• Behavioral Effects: Over 80% of men, and over 60% of women, in detox programs endured at least one ACE. Eating disorders, which give victims a distorted view of control over their own bodies, are common as well. So is risky sexual behavior.
• Interpersonal Effects: ACE survivors usually have trust issues, shy away from intimacy, and have high divorce rates. Sexual dysfunction, specifically a lack of arousal and desire, is common as well. PTSD usually makes these symptoms worse, which in turn makes PTSD harder to treat.

Very few ACE victims immediately report the abuse. Many do not think anyone will believe them. Others fear retaliation or do not want the abuser, who is often a trusted individual, to get in trouble.

Compensation for Sexual Abuse

These mental and behavioral effects usually require lifelong therapy and medical treatment. People do not “get over” things like Post Traumatic Stress Disorder. Controlling the symptoms, which is much easier said than done, is the best possible outcome.

These conditions, which make it hard for children to function in school, also make it hard for adults to function at work. Therefore, substantial lost wages are usually inevitable.

A Baltimore personal injury lawyer can also obtain compensation for noneconomic losses, such as pain and suffering. ACE victims have suffered in silence long enough. They deserve substantial compensation for everything they have been through.

Very few victims must go to trial to get this compensation. Almost all sexual abuse and other personal injury cases settle out of court and on victim-friendly terms.

Connect With a Compassionate Baltimore City Attorney

Childhood sexual abuse survivors are entitled to significant compensation. For a free consultation with an experienced childhood sexual abuse survivor lawyer in Baltimore, contact The Yost Legal Group. The new legislation allows two years to file claims. Call us when you are ready for a free, confidential conversation: 1-800-967-8529.

The Archdiocese of Maryland paid lobbyists over $200,000 in an apparently failed effort to defeat a statute of limitations forgiveness measure and other pro-victim laws.

Professional lobbyists are people whose business is trying to influence legislation, regulation, or other government decisions, actions, or policies on behalf of a group or individual who hires them. Individuals and nonprofit organizations can also lobby as an act of volunteering or as a small part of their normal job. Governments often define “lobbying” for legal purposes and regulate organized group lobbying that has become influential.

Political Advocacy

“High-priced lobbyists” get a lot of flak in the media. But people must express themselves in the legislative process. A compassionate Baltimore sex abuse survivor lawyer (like the attorneys here at The Yost Legal Group) advocates for victims in court. That is an attorney’s most important job.

Attorneys also advocate for victims during the legislative process. Courtroom advocacy without legislative advocacy is like going hunting with a gun that only has one bullet. The best marksman in the world would probably come home empty-handed in that scenario. Likewise, unless legislators pass favorable laws, victims have little hope of obtaining fair compensation in court.

Usually, lawyers are witnesses in key committee hearings, assist in the legislative drafting process, and work for victim-friendly political candidates.

Legislative committee meetings are incredibly boring. But they give lawmakers information about the proposals they are considering. If lawyers do not appear at these hearings, their voices are silent. Attorneys often have expertise in areas like the statute of limitations that other professionals lack. Additionally, favorable testimony at legislative hearings builds a favorable legislative record, which means courts interpret these laws in victim-friendly ways.

Drafting legislation is part science and part art. Quite frankly, many politicians lack both skills.

A law must be drafted in a way that helps it accomplish its stated purpose. There should be little or no room for interpretation, especially an unfavorable interpretation. The best law ever drafted is useless if no one votes for it. That is where artistic legislative drafting skills come into play.

Finally, lawyers support certain candidates during their campaigns. That is something that all of us can do. Pretty much anyone can make phone calls, inform their friends about certain issues, and encourage like-minded people to vote.

Legal Advocacy

Most civil cases, including personal injury cases, settle out of court. But that does not mean a Baltimore personal injury attorney never sees the inside of a courtroom.

We mentioned legislative drafting above. Drafting legal pleadings requires the same skill sets. These pleadings must meet certain legal requirements and also appeal to judges. That is especially true for things like summary judgment or appellate briefs.

Insurance companies and other defendants usually file at least one pretrial motion which seeks to throw the victim/plaintiff’s case out of court. A Baltimore personal injury lawyer must be well-prepared for this hearing, properly present the correct legal arguments, and introduce the right evidence.

Formal mediation, which resolves most injury cases, is a sort of “mini trial.” Attorneys from both sides give informal opening statements. A good opening statement sets the tone for a successful mediation session.

Work With a Diligent Baltimore County Lawyer

Sex abuse survivors are entitled to significant compensation. For a free consultation with an experienced sexual abuse survivor lawyer in Baltimore, contact The Yost Legal Group: 1-800-967-8529. The sooner you reach out, the sooner we can start working for you.

State Attorney General Anthony Brown said that since a proposal to abolish the statute of limitations in child sex abuse cases was “not clearly unconstitutional,” his office would defend it in court.

The proposal has more momentum than in years past when it failed to pass out of the Senate’s Judicial Proceedings Committee. Advocates for the bill say that the changes are necessary because abuse survivors often do not come forward with claims until they are in their 50s, making it difficult to hold abusers and the institutions that protect them legally accountable.

Opponents of a lookback window, including the Catholic Church, argue that by passing a statute of repose in 2017, lawmakers created a “vested right” that protected institutions from out-of-date lawsuits.

Statute of Limitations

Laws should protect everyone, which is why the law includes a statute of limitations in civil cases. However, laws should not favor anyone, which is why, in this case, a revised SOL is necessary.

Briefly, the statute of limitations bars civil claims after a certain length of time. The injury claim statute of limitations in Maryland is generally two years.

Normally, that is more than enough time for a victim to partner with a Baltimore personal injury attorney who builds a case and works to obtain maximum compensation before filing legal paperwork. However, sexual abuse matters are not normal injury cases.

Childhood sex abuse survivors rarely come forward straightaway, mostly because they fear embarrassment and retaliation. These fears are not unfounded. 

If a child accused a priest of a heinous crime and the only “evidence” was their word against the priest’s, few people in the community would believe the child. In fact, data show that few people in the child’s own family would believe the child. 

On a side note, many same-gender abuse victims are even more reluctant to come forward because of the shame associated with such conduct in some communities and families.

Furthermore, abusers often overtly or subtly threaten retaliation. To a child, a priest is an all-powerful figure who has the means to make good on these threats.

Since the child cannot express these memories, the brain suppresses them. For many years, most people show symptoms of abuse, like depression and anger, without knowing the cause. Then, therapists must work with victims for many more years until they recover enough memories to piece together what happened.

Your Claim for Damages

As mentioned, in sexual abuse and all other injury cases, an experienced Baltimore-based personal injury lawyer starts by evaluating a case and then collecting evidence. 

In childhood sex abuse cases, such evidence usually consists of therapy and other medical records. Corroborating evidence is important as well. For example, if the victim accuses Person X of abuse, a Baltimore personal injury attorney must prove that Person X worked in that parish at that time.

More than likely, a sex abuse case against the Diocese of Maryland will be a class action lawsuit. These matters are different from piecemeal lawsuits.

Class actions bring together all victims, even those who are still struggling to recover memories. This setup allows these victims to pool their resources. As a result, they have a much better chance of obtaining fair compensation. 

If victims brought actions individually, the defendant’s high-priced lawyers could easily stamp out these smoldering individual claims. A class action lawsuit, on the other hand, is a raging fire.

Contact a Baltimore, Maryland Sex Abuse Survivor Attorney Today

Survivors of sexual abuse, especially those harmed by a member of a large entity like the Catholic Church, are entitled to significant compensation. For a free consultation with an experienced sexual abuse lawyer in Baltimore, contact The Yost Legal Group when you are ready to talk. Our consultations are free, safe, and completely private: 1-800-967-8529. After-hours, virtual, home, and hospital visits are also available.

In a major win for survivors of sexual abuse, a legislative panel voted overwhelmingly to relax the statute of limitations in sexual abuse cases.

If the bill goes on to pass the Maryland General Assembly, the church is likely to face a crush of new lawsuits, especially in light of the impending release of a grand jury report into sexual abuse and coverups in the Archdiocese of Baltimore. The bill, called The Child Victims Act of 2023, would also abolish the statute of limitations for all future childhood sexual abuse claims. Abuse survivors often don’t come forward with claims for decades, so short statutes of limitations can make it difficult to hold abusers accountable in court.

“Delayed disclosure is the rule rather than the exception, therefore changing the legislation to reflect current trends in reporting enables more survivors to pursue justice,” said Mike McDonnell from the Survivors Networks of Those Abused by Priests. “By providing police, prosecutors, and the public with information about abusers and enablers, this aids in preventing further incidents.”

The SOL and the Discovery Rule

Procedural hurdles, like the statute of limitations, are very common “tort reform” measures. Insurance companies, large church groups, and their political allies press for such reforms to deny victims a day in court. But even in Maryland, which has a very harsh SOL law, a Baltimore sex abuse lawyer can still offer solutions for child sex abuse victims.

Maryland also has a broad delayed discovery rule. This rule essentially short-circuits the statute of limitations in child sex abuse matters.

Assume Fred was sexually abused in 2012. As discussed below, his brain blocked most of the traumatic memories, so he only remembered fragments. Over the next ten years, the fragments start coming together, but not enough to make a complete picture. In 2022, Fred sees a new therapist who helps him fully recover those memories.

Arguably, the two-year SOL countdown didn’t start until 2022, which is when Fred had complete knowledge of his injury, and he connected that injury to a tortfeasor’s (negligent actor’s) wrongful conduct.

However, an insurance company lawyer would argue that the countdown started much sooner when Fred began piecing together fragments.

An SOL suspension eliminates this complexity and makes it easier for a Baltimore sex abuse lawyer to file a claim that will make it past the procedural motion phase.

Why Child Victims Do Not Come Forward

Delay is hard on everyone. It is hard for victims/plaintiffs to prove old cases, and it is hard for insurance companies to defend them. That is one reason SOL laws exist. But sexual abuse cases are different. Procrastination does not cause delay. Instead, delay is par for the course.

Many child sex abuse victims do not think anyone will believe them, so they do not risk embarrassment by immediately coming forward. That is especially true if the abuser was a priest or someone the community, and more importantly, the child’s family holds in high esteem.

On a related note, many child sex abuse victims fear retaliation, particularly if, as is often the case, the abuser made such threats.

Then, the rationalization begins. Many child sex abuse victims know what happened was wrong, but they do not know it was illegal. They often transfer those feelings to their abusers and assume they did not know their conduct was illegal either.

As a result of all this, the blocking process begins. To protect itself from injury, the brain usually blocks traumatic memories. Many victims suffer through the symptoms of abuse for years before they know what caused those symptoms. Then, it takes a lot more therapy to draw out concrete memories and truly recall what happened.

The brain does not have a “delete” key. Instead, it retains all memories, traumatic and otherwise. Sometimes, it is simply impossible to access those memories, which is why a good therapist is so important.

Our Baltimore sex abuse lawyers often connect victims with such therapists who, in most cases, charge nothing upfront for their professional services.

Contact a Compassionate, Baltimore-Area Sex Abuse Survivor Lawyer

Sex abuse survivors are entitled to significant compensation. For a free consultation with an experienced sexual abuse lawyer in Baltimore, Maryland, contact The Yost Legal Group at any time: 1-800-967-8529.

A municipal judge ruled that people have a right to see a redacted version of a 456-page Attorney General probe into alleged sexual abuse in the Archdiocese of Baltimore. 

To balance things, people who were named in the report that did not have a chance to defend themselves in front of a grand jury may object to the release of information that implicates them. These individuals include people who were not previously identified in civil or criminal actions or in published reports from the archdiocese itself and people who were identified solely based on information gleaned from subpoenas of the archdiocese.

The yet-to-be-released report identifies 158 Catholic priests accused of sexual abuse, including 43 that were never publicly named by the Archdiocese of Baltimore, as part of a four-year investigation into child sexual abuse by members of the clergy. The investigation also identified more than 600 victims of sexual abuse over the past 80 years.

Did the State Unfairly Target the Archdiocese?

Obviously, since we represent victims, our Baltimore sex abuse lawyers believe the answer to this question is “no.” Nevertheless, let’s take a closer look at this controversial issue.

The statute of limitations is a rather arbitrary cutoff point that must protect the interests of victims and tortfeasors (wrongful actors). A victim should have a day in court, and tortfeasors should not have to look over their shoulders.

In most cases, a two-year injury claim statute of limitations is a fair place to draw that line. Sexual abuse matters are not most cases.

Most personal injuries are outside-in injuries. Broken bones and other physical injuries have few inside effects if doctors promptly and properly treat them. Sexual abuse is usually an inside-out injury. By the time serious anger, depression, and other such symptoms appear, the brain is already badly damaged.

In other words, the injuries are worse and take longer to become apparent. More on sexual abuse injury severity below.

Additionally, recovered memory sex abuse victims are not gaming the system. No one wants to live with depression and other such symptoms. These victims simply cannot remember what happened to them, or at least they cannot remember enough to put together a claim for damages.

That level of knowledge takes many years of therapy. Psychologists must tap into existing memories. That is the easy part. The hard part is convincing these victims that it is okay to share these memories. Subconsciously, many sex abuse victims blame themselves, especially following same-gender sexual abuse.

All these things take time, which is why sexual abuse victims need and deserve more time to partner with a Baltimore personal injury attorney.

Sexual Abuse Damages

Sexual violence causes physical injuries, especially in young children whose bodies are still developing. Growth multiplies the effect of injuries like genital trauma. As children grow, the malformation and injury become permanent.

Furthermore, the worst aspects of these injuries quickly heal. That may sound like a good thing, but it is not. Since doctors do not see these injuries during routine examinations, they do not follow up. The smaller physical injuries continue to fester, as do the emotional injuries.

Even worse, sexual abuse causes emotional and mental trauma. We mentioned depression and anger above. Making matters worse, these victims do not know why they are angry or depressed. Instead, they are stuck in a downward mental health spiral that seems endless.

As a result, these victims usually need ongoing physical and mental healthcare. Fortunately, compensation for these medical bills, and other economic losses, is available in court. Compensation for noneconomic losses, such as pain and suffering, is available as well. Everyone deserves a chance to put their pasts behind them and move on.

Work With a Compassionate Baltimore Lawyer for Survivors of Sexual Abuse

Injury victims are entitled to significant compensation. For a free consultation with an experienced sexual abuse survivor lawyer in Baltimore, contact The Yost Legal Group any time at 1-800-967-8529. Our Baltimore-based attorneys will fight to get survivors of sexual abuse the justice and compensation they deserve.