PORTLAND (ME)
USA Today [McLean VA]
January 30, 2025
By Minnah Arshad
The highest court in Maine ruled Tuesday against a law that retroactively removed the statute of limitations for civil child sexual abuse lawsuits, concluding a tense chapter in a yearslong legal battle.
The ruling comes after dozens of people filed civil lawsuits against the Roman Catholic Bishop of Portland alleging they were sexually assaulted as children by the clergy, with allegations going back as far as the 1950s. Some accusers were able to sue after state legislators passed a law in 2021 that retroactively removed a statute of limitations that determines how much time can pass after a crime before a person is no longer allowed to file a lawsuit.
The diocese challenged the lawsuits, calling the 2021 statute unconstitutional. On Tuesday, the Maine Supreme Judicial Court agreed.
Attorney Michael Bigos, who said he represents about 100 victims affected by the ruling, told USA TODAY he was disappointed by the court’s decision.
“Of course, there is no statute of limitations on the enduring pain caused by childhood sexual abuse,” Bigos said. “These survivors deserve accountability from those that enabled child sex abuse and to receive long overdue justice.”
The Rev. James Ruggieri, bishop of the Roman Catholic Diocese of Portland, said in a statement after the ruling that the diocese would continue to dedicate resources to examine claims of abuse ‒ regardless of when it reportedly happened ‒ and provide counseling and support services to survivors.
“The reprehensible conduct of certain clergy during that era represents a profoundly painful time that still has effects we all experience today,” Ruggieri said. “A degree of uncertainty still remains, and in the coming days, weeks and months, in consultation with diocesan, parish and lay advisers, I will prayerfully assess the path forward for the diocese. I am hopeful that this decision will allow us as a diocese to commit to strengthening the core mission of the Church in Maine with even greater humility and devotion.”
Ruling blocks decades-long child sex abuse lawsuits
In a lengthy opinion released this week, the court acknowledged the long-lasting consequences of child sexual abuse but said the 2021 statute in question was outside the state Legislature’s authority.
In 2000, Maine passed a law that eliminated time limits on civil child sexual assault lawsuits, with the exception of claims that had already expired under the previous law. About two decades later, the state Legislature passed a statute that said people could file lawsuits even for claims that had expired before the 2000 law. The state Supreme Court struck down the 2021 amendment this week.
“There can be no doubt that we as a society have gained a new understanding of the effect of trauma and the delays that it can cause in the ability of a victim to pursue a cause of action,” the court wrote.
The justices argued that while the new framework “provides support” for eliminating time limits on civil sexual abuse claims, the Legislature didn’t have the power to retroactively allow lawsuits if they would impede someone’s rights. After the time limit has expired, a defendant has a “right to be free of that claim” ‒ a right the 2021 law violates, the court determined.
Plaintiffs’ attorney plans to pivot abuse lawsuits
Justices Wayne Douglas and Rick Lawrence dissented. They drew on research that found the severe trauma of child sexual assault was distinctive from other types of abuse and could take decades to process.
The two justices said the 2021 law was a “reasonable legislative response consistent with due process that eliminates a procedural bar” that had previously prevented accusers from seeking relief in court.
Before the statute of limitations for civil child sexual abuse claims was eliminated on Aug. 11, 2000, the time limit for such cases was 12 years, and the clock started ticking after an accuser became an adult regardless of when the abuse happened, Bigos said.
Because the time limit removal no longer applies retroactively, he noted, the state Supreme Court’s decision has established a cutoff for such claims. Bigos told USA TODAY he expects the court’s decision will, in effect, block people born before Aug. 11, 1970, from filing civil child sexual abuse claims in Maine.
After the 1970 cutoff, Bigos said people would be able to file civil lawsuits in Maine for child sexual abuse without facing time constraints, but he noted the court’s decision could affect hundreds of people.
For cases affected by this week’s ruling, Bigos said he will pivot to litigating the church’s “decades of cover-ups.” He said the cases of abuse go as far back as 1954, adding that the slew of cases shows the diocese “knew about rampant sexual abuse by its priests, nuns, and teachers for decades and chose to protect these known predators instead of the children in their care.”