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Seeking Justice for Sexual Abuse in Foster Care Systems in Maryland

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Were You Sexually Abused in Foster Care?

If you are a survivor of sexual abuse while you were in foster care in Maryland, you have the right to sue your abuser and recover compensation. A Baltimore sexual abuse lawyer will explain your rights and fight aggressively for justice – and for the compensation you deserve.

Maryland’s foster care system is supposed to protect children who may already be suffering from neglect and abuse. Sometimes, however, children in foster care become sexual abuse victims and may be traumatized by the experience. Those victims now have legal recourse.

Maryland lets the survivors of foster care sexual abuse take legal action against their abusers without a statute of limitations, and a Baltimore sexual abuse attorney will represent you on a contingent fee basis, so you will owe no lawyer’s fee until you have been compensated.

What Constitutes Child Sexual Abuse?

Childhood sexual abuse may be defined as any sexual act or attempted sexual act, sexual contact, or sexual exploitation of a child by that child’s caregiver. Children do not fully comprehend sexual abuse and cannot give consent to sexual contact or sexual activity.

Childhood sexual abuse victims include girls and boys alike regardless of race, religion, or economic background, from babies to teenagers. One reason children in foster care are at a higher risk of sexual abuse is because abusers know how to exploit the foster care system.

Why is Foster Care Sexual Abuse Happening?

Why are some children in Maryland placed in unsafe foster homes? The state agencies with authority over the foster care system are perennially plagued by problems that include but are not limited to:

  1. Insufficient background checks and screenings of prospective foster parents: State agencies that fail to conduct thorough screenings and background checks may, in some cases, be held liable for injuries or abuse suffered by a foster child.
  2. Underfunding: The federal and state governments do not provide enough funding in Maryland to establish better and safer background check and screening procedures for prospective foster parents.
  3. Understaffing: The agencies that regulate Maryland’s foster care system do not have the human resources to conduct the extensive investigations that would be required to eliminate or substantially reduce foster care sexual abuse in this state.

What Are the Rights of Foster Care Sexual Abuse Survivors?

Abusers may threaten children about coming forward, or a child may feel that his or her sexual abuse claim will not be believed. It can be years before a sexual abuse victim feels ready to come forward and disclose what happened. That is why the Maryland Child Victims Act is important.

The Maryland Child Victims Act became law in this state in 2023. The Act allows childhood sexual abuse survivors to bring lawsuits retroactively against their abusers, and it abolishes the statute of limitations in this state for childhood sexual abuse claims.

As a sexual abuse survivor, you may bring civil lawsuits against both the abuser and against the agency that placed you at risk for abuse. To win a sexual abuse claim against a foster care agency, you and your Baltimore sexual abuse lawyer will need to prove that the agency did not:

  1. conduct a comprehensive background check
  2. supervise your placement adequately
  3. investigate a sexual abuse complaint, and/or
  4. take appropriate measures after learning about sexual abuse

What Steps Can a Survivor Take?

In Maryland, a survivor of foster care sexual abuse may file a civil sexual abuse claim against the abuser and against the foster care agency itself. Without a statute of limitations, anyone who has been sexually abused in foster care in Maryland may take legal action to recover compensation.

If you and your Baltimore sexual abuse attorney prevail with your foster care sexual abuse claim, you may recover compensation for:

  1. physical pain and suffering
  2. emotional suffering and trauma including post-traumatic stress disorder
  3. medical expenses including the cost of therapy
  4. impaired quality of life due to mental health challenges
  5. loss of earning capacity due to mental health challenges

What Evidence Will Be Required?

In order to prevail with a foster care sexual abuse claim, you and your attorney must build a strong case that may include evidence provided by the following sources:

  1. Friends and relatives may be able to testify about your time in foster care, your relationship with the abuser, and how that time and relationship changed you.
  2. Others who were in the same foster care may be able to testify about the abuser and/or the abusive environment.
  3. Medical documents may indicate that you were treated for the physical and/or psychological symptoms of sexual abuse.
  4. The foster care agency’s own records may show that the agency knew about ongoing sexual abuse but did nothing in response. Your attorney may seek access to those records.
  5. Expert witnesses can provide a professional opinion regarding your own case or the foster care agency’s records and history.

Filing a foster care sexual abuse claim requires you to be represented by a Maryland sexual abuse lawyer, but you will owe that lawyer no fee upfront. Your lawyer will review your case and explain, without any cost or obligation, your rights and your options for taking legal action.

Andreozzi + Foote Represents the Survivors of Foster Care Sexual Abuse

If you were victimized by sexual abuse while you were a minor in foster care in Maryland, discuss your case promptly with the legal team at Andreozzi + Foote. You and your attorney must begin gathering evidence and identifying witnesses now, before any more time goes by.

The attorneys at Andreozzi + Foote hold abusers and foster care agencies accountable for foster care sexual abuse. We know how to fight aggressively and effectively on your behalf while handling your case with discretion and complete confidentiality.

No matter how much time has passed since you were a victim of foster care sexual abuse, promptly schedule a free case evaluation with the team at Andreozzi + Foote by calling 866-311-8640, and let us provide the advice and legal advocacy you need.

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