Colorado Sexual Assault Victims Have Three Years to Sue
On June 20, 2021, the Colorado State Supreme Court struck down provisions of the Colorado Child Abuse Accountability Act that sought to increase the amount of time that victims of assault have to file a civil lawsuit against their abusers. Generally referred to as the Act, the law allows sexual abuse victims to file civil actions against perpetrators and the organizations that sponsor them. The Court found that provisions of the Act were unconstitutional because they violated the Colorado Constitution’s retrospectivity clause, which prevents the legislature from “changing the rules after the fact.”
As a result of the State Supreme Court’s decisions in Aurora Public Schools and David James O’Neill v. A.S. and B.S, victims of childhood sexual abuse and their families now face a three-year deadline from the time when the abuse occurred to file a civil lawsuit seeking monetary damages for the harm they have suffered.
Abusers, Schools, and Organizations Face Lawsuits for Childhood Sexual Abuse
Colorado law allows victims of childhood sexual abuse to seek civil damage damages against both the abusers and organizations that sponsor youth activities. Organizations and activities include youth programs, educational programs, schools, school districts, preschools, and religious organizations.
Organizations may be liable for abuse that occurred in cases where “they knew or should have known about” the abuse that was taking place.
Colorado allows victims to file claims and lawsuits against private organizations and government entities, seeking damages up to:
- $387,000 for claims against a public entity
- $500,000 up to $1,000,000 for claims against private entities, depending on the circumstances
Are You or a Loved One the Victim of Sexual Assault?
The physical and psychological impact of sexual assault can last for years. If you or someone you love has been a victim of sexual assault, we encourage you to reach out to the lawyers at Leventhal Puga Braley P.C.
Our Colorado personal injury attorneys can sit down with you for an initial consultation at no charge. We’ll listen to your story, explain your legal options, and advocate for your best interests in a civil claim.
We are available at (303) 759-9945 or toll-free at (877) 433-3906, so do not hesitate to call us to discuss your claim.