Pikesville, MD asked in Criminal Law for Maryland

Q: I was 19 when my college professor, well into his 40’s at the time, who was also living with me, sexually assaulted me.

He was also my academic mentor and advisor and my landlord. He sexually assaulted me in his home one evening. There were also reports of him doing the same to another student. The school investigated the other students claim and it was dismissed. Would I have a case, now, 14 years later against him, the university, or both?

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2 Lawyer Answers

A: Unfortunately, for any civil claim seeking monetary damages, the statute of limitations would have run on any claim of yours at latest when you turned 25 years old. Based on your facts, that time passed a long time ago, and would have been before the Maryland legislature extended the time to sue to age 38. The new law (which became effective in 2017) is not retroactive, meaning it does not apply to anyone whose time to sue had already expired before the law became effective.

There is no time limitation, however, on the State's filing criminal charges relating to the assault upon you. While that will not allow you to claim general monetary damages, if convicted, the court can order the defendant to pay restitution in the amount of your actual out of pocket costs related to medical, psychiatric, and therapeutic counseling you received to address the physical and psychological issues you suffered on account of his criminal acts. His conviction may also bring you some closure. You will need to contact the State’s Attorney’s Office in the county where the criminal acts were committed (Prince George’s if in College Park).

A: Because you were an adult at the time, you had 3 years to file suit in civil court for damages. However, if you only just discovered facts that indicate you might have a suit against the university (for instance, you only now discovered that the university was on notice of the professor's prior assaults or history and negligently hired/retained him), then it is possible you might still be able to file against the university. On the criminal side of things, there is no statute of limitations for felony sexual assault- you could file a police report and request the state's attorney investigate- or file charges with a commissioner.

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