Maine Supreme Court Reviews Constitutionality of Removing Statute of Limitations on Child Sex Abuse Cases

Maine's retroactive elimination of time limits sparks controversy as the Catholic Diocese argues against potential “tens of millions of dollars” in damages, while advocates claim the challenging move represents the "will of the people" to seek justice for abuse victims.

• The Maine Supreme Court is examining the constitutionality of the state's retroactive removal of the statute of limitations on child sex abuse cases. The Diocese of Portland argues that this policy is unconstitutional, alleging that it imposes new liabilities that could lead to significant damage requests.
• Advocates, however, describe the law as representing the 'will of the people' who seek justice for abuse victims. They argue against the idea of a 'vested right' for the Church to 'get away with' enabling abuse.
• Many other Catholic dioceses, such as those in Baltimore and Buffalo, have been driven into bankruptcy due to expensive lawsuits arising from the clergy abuse scandal.
• The legal debate centers on the understanding of 'vested rights.' While the Diocese argues that the removal of the statute of limitations infringes upon these rights, Justice Thomas McKeon ruled in February that such rights generally apply to property, not to statutes of limitations. He further contended that the law can apply to institutions as well as individuals.
• Despite the legal contention, many abuse survivors have come forward to file suits since the 2021 change that made it possible for them to sue over abuses that occuring decades ago. Of these cases, about 75 involving the Roman Catholic entities are represented by the law firm Berman & Simmons.

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