Tag: sex abuse attorney

Colorado Bill Passed For Child Sexual Abuse Survivors

Colorado Law Removes Statute of Limitations On Lawsuits Filed By Child Sex Abuse Victims

Colorado sexual abuse survivors will finally get a long-awaited change in law to provide civil justice.

After 15 years of intense lobbying, Colorado joins a dozen other states that have eliminated the statute of limitations for some or all types of claims arising from childhood sexual abuse. On April 15, 2021, Gov. Jared Polis signed Senate Bill 73, which removes the restrictive statute of limitations placed on victims to file civil lawsuits against their perpetrators or institutions, including employers or youth programs, which are implicated in the misconduct.

Bill 73 goes into effect beginning on January 1, 2022, and survivors of childhood sex abuse and other types of sexual misconduct will be able to hold their perpetrators accountable in Colorado’s legal system, no matter how much time has elapsed since the abuse occurred.

“To all the survivors and advocates who worked tirelessly, I’m really proud to be here when this day has come. There’s no place for red tape between survivors and healing in Colorado,” said Polis during the signing ceremony.

Under current law, children who are abused have six years after they turn 18 to file a civil suit against their perpetrator and two years to sue an organization. This bill applies to a range of other offenses against children and adults, including sexual assault and trafficking.

“Victims deserve justice whenever they choose to seek it. Outdated laws won’t be able to stop them anymore,” said Rep. Dafna Michaelson Jenet, D-Commerce City, one of the bill’s sponsors. The other House of Representatives sponsor, Rep. Matt Soper, R-Delta, called it a “historic bill.”

Many survivors go years before they are ready to report or talk about the abuse they encountered as children, and this new bill could give them justice and some peace of mind.  According to ChildUSA, the average age for a survivor who comes forward about their abuse is 52. Delayed disclosure can happen for a variety of reasons, including fear, shame, cultural norms, a relationship to the perpetrator and intellectual or communication challenges.

SB-73 also allows parents to bring lawsuits on behalf of their children, including against organizations or entities such as school districts or churches that turned a blind eye to abuse. SB73 applies only to future victims and those whose statute of limitations has not yet expired, with no “look-back window” which would have allowed people for whom the six-year statute of limitations had already expired to be granted a limited period of time in which they’d be able to sue their abusers.

Horowitz Law is experienced in filing lawsuits on behalf of child sexual abuse victims in Colorado. You can reach Adam Horowitz at adam@adamhorowitzlaw.com or call our law firm at (954) 641-2100.

Child Sex Abuse Attorney Horowitz Law

New Colorado Bill Gives Child Sexual Abuse Survivors A Chance For Justice

Colorado sexual abuse survivors may finally get a long-awaited change in law which provide for civil justice. Under a new bill that the Colorado Coalition Against Sexual Assault (CCASA) helped draft, survivors of child sexual abuse could sue individuals or institutions – for triple damages – if their abuse resulted from a cover-up, no matter how long ago the abuse happened.

This means that sexual abuse survivors would be able to file a claim against the institution, not the individual, without having any expiration date or statute of limitations, seeking three times the damages. Many survivors go years before they are ready to report or talk about the abuse they encountered as children, and this new bill could give them justice and some peace of mind.

Many times when reports of sexual abuse are made to schools or institutions the institutions decide, for whatever reason, to disregard the reports and ignore the problem. There are countless historical examples of this within the Catholic Church in Colorado as noted in recent grand jury reports.

“These organizations and their youth programs were trusted by families and parents to protect children, and instead they covered up child sex abuse. We have a fundamental obligation to hold them accountable to bring healing to these survivors, and also prevent this behavior from happening in the future,” says Danielson. Danielson is also introducing a bill that removes the statute of limitations for all sexual assault claims going forward.

Raana Simmons, Executive Director of CCASA, says the bill is narrowly tailored to target staff who knew, or should have known, about the abuse and did nothing to stop it. “When institutions choose to protect their power and profit by concealing the truth, the cover-up is something completely different and distinct from the sexual abuse that the child experienced in the first place. What this is, we believe, is a path forward to lift the veil of secrecy, to protect our communities, and to make sure that survivors have access to the single system that can provide them with the monetary relief to recover from trauma,” said Simmons.

Unlike other civil liability laws, the bill also prevents school districts from using government immunity to avoid damages.

Horowitz Law is experienced in filing lawsuits nationwide on behalf of child sexual abuse victims. You can reach Adam Horowitz at adam@adamhorowitzlaw.com or call our law firm at (954) 641-2100.