Few horrors in the world rival the pain, fear, shame and guilt felt by children who are sexually abused by adults who have been entrusted with their care. For decades, hundreds of children, if not thousands, in Maryland’s juvenile detention facilities were sexually abused and raped by staff hired by the Department of Juvenile Services. In 2004, a U.S. Department of Justice investigation revealed “inappropriate staff-youth relationships” with children as young as 14 years old, as well as admissions of sexual abuse of children by staff members in youth detention centers. The DOJ also found that leadership at these facilities knowingly hired staff with prior felony convictions or records of abusing children.

The sexual abuse in Maryland’s facilities was shockingly widespread. In 2009, more than a third of youth surveyed by the DOJ at the Backbone Mountain Youth Center reported sexual abuse by the staff or another youth. More than 200 claims of sexual abuse and rape have been raised by those housed in juvenile detention facilities across the state. The conduct dates as far back as 1969.

These brave children were some of society’s most vulnerable. As we know, childhood behavioral issues rooted in delinquent conduct usually stem from prior childhood trauma. A recent study by Human Rights for Kids found that 40 percent of system-involved youth in Maryland previously experienced sexual abuse; for girls, nationally, it’s more than double that. The children sexually abused in Maryland facilities were often previously abused by other adults in their life. This history made them more susceptible to further victimization.

Children with complex trauma histories often don’t have the tools to realize they are being sexually abused. The normalization of abuse can be a defense mechanism, necessary for survival. Not only were these children subjected to unthinkable abuse at home, but it continued in a system meant to keep them safe. This vicious cycle of abuse exacerbated their existing trauma and increased their likelihood of recidivism. How can a kid break the cycle when they have no safe place to turn?

Last year, the Maryland General Assembly passed the Child Victims Act to give those who were sexually abused as children the opportunity to seek justice. The act removed the statute of limitations to allow survivors to file civil lawsuits against not only their abusers but also the institutions that employed them.

Several private and public institutions have challenged the constitutionality of the new law in the Maryland Supreme Court, which will hear oral arguments in these cases this week.

Those opposed to retroactive application of an extended statute of limitations argue they have a vested right to escape liability since they merely “employed” child sexual abusers and did not carry out the abuse themselves. Such arguments, as put forth by the Board of Education of Harford County, should horrify every parent in Maryland. Whether an institution is private or public, it is responsible for the actions of the people it employs, especially when its employees use their position of authority to sexually abuse vulnerable children.

That is why we filed an amicus brief with the court defending the constitutionality of the Child Victims Act. In our brief, we shared the harrowing experiences of three survivors — individuals who endured sexual abuse decades ago and now see this legislation as their last hope for justice. Their testimonies are just a few examples of the bleak reality youth in Maryland’s juvenile detention facilities have faced over the decades and highlight the urgent need for the Child Victims Act.

The institutions that turned a blind eye to this sexual abuse and hired those abusers want to convince the Maryland Supreme Court that the Child Victims Act violates their constitutional rights. Such a ruling would discard the rights and dignity of these children who experienced unthinkable sexual abuse at the hands of taxpayer-paid officials.

No court decision can erase the past. But the Maryland Supreme Court has the opportunity to validate these survivors by doing the right thing. The court can step in and stand up for those who were abused by the system. The court must protect their rights and uphold the constitutionality of the Child Victims Act.

For many survivors, the only shot at justice is through the Child Victims Act. Their justice may be delayed, but the court cannot let it be denied.

James Dold (jdold@humanrightsforkids.org) is the founder and CEO of Human Rights for Kids. Adam Pollet (adampollet@eversheds-sutherland.com) is a partner at the law firm Eversheds Sutherland.