Understanding the Statute of Limitations for Child Sexual Abuse in Colorado
Child sexual abuse (CSA) is a heinous crime that leaves deep scars on survivors,affecting them physically,emotionally,and psychologically. Recognizing the significance of providing justice and support to survivors,Colorado has made substantial changes to its statute of limitations (SOL) for CSA cases. In this article,we’ll delve into the evolving landscape of the statute of limitations for child sexual abuse in Colorado,highlighting the recent changes and their implications.
Child sexual abuse attorney Dan Lipman made the following statement,”These changes reflect a commitment to accountability and support for those who have suffered. It’s heartening to see legal measures align with the needs of survivors,allowing them to seek recourse regardless of the time that has passed.”
Civil SOL Snapshot: No Age Cap and a Limited Revival Law
One of the pivotal changes Colorado has made in recent years pertains to the age cap for filing civil claims related to child sexual abuse. Back in 1990,the state had set an SOL that allowed claims against perpetrators of sexual offenses against a child up until the age of 24 (18 years of age plus six years). Meanwhile,other claims had to adhere to the general 2-year SOL for negligence,expiring at age 20 (18 years of age plus two years). However,as of 2021,this age cap has been completely eliminated. Colorado has taken a bold step by abolishing the SOL for sexual assault of minors and adults alike.
Moreover,Colorado introduced the CSA Accountability Act in 2021,creating a new cause of action for sexual misconduct against minors without any SOL attached. This act also established a unique provisiona 3-year window for filing claims related to sexual misconduct against minors that occurred between 1960 and 2021. This window,which opened on January 1,2022,and will remain open until December 31,2024,provides an opportunity for survivors to seek justice for past abuse. Importantly,the act also sets damage caps for claims against both public and non-public entities or perpetrators.
Discovery Tolling: Seeking Justice Beyond Time Constraints
Colorado’s recognition of the importance of discovery in CSA cases is evident in its statutory framework. In 1999,the state acknowledged a statutory discovery rule that redefined the accrual of a cause of action for CSA. According to this rule,the statute of limitations doesn’t commence until the date when both the injury and its cause are known or should have been known through reasonable diligence. This ensures that the SOL doesn’t begin running until survivors have discovered the injury caused by sexual abuse.
Interestingly,in 2021,Colorado took a groundbreaking step by eliminating the SOL for CSA claims against all defendants. This rendered the accrual statute obsolete in relation to CSA claims. As a result,claims that were either not discovered before January 1,2022,or were discovered more recently and hadn’t yet surpassed the applicable SOL prior to that date,now have the chance to be heard.
A Step Forward for Justice
Colorado’s recent changes to its statute of limitations for child sexual abuse cases represent a significant step forward in the pursuit of justice for survivors. The elimination of age caps and the introduction of the CSA Accountability Act’s 3-year window exhibits the state’s commitment to providing survivors with the opportunity to seek recourse regardless of the time that has passed since the abuse occurred. Furthermore,the emphasis on discovery tolling ensures that the SOL does not become a barrier to justice,particularly for those who have only recently come to terms with their abuse.
Conclusion
The landscape of the statute of limitations for child sexual abuse in Colorado has evolved dramatically in recent years. The removal of age caps,the introduction of the CSA Accountability Act,and the emphasis on discovery tolling collectively send a powerful messagethat survivors of child sexual abuse deserve the chance to pursue justice on their own terms. These changes not only enable survivors to come forward and seek redress but also serve as a crucial step in addressing the broader societal issue of child sexual abuse and its long-lasting impacts.
