Bill would eliminate the civil statute of limitations often used to defeat claims of sexual assault

Denver, CO – Today, the Senate Health and Human Services Committee unanimously approved legislation sponsored by Senator Jessie Danielson that seeks to protect survivors of child sexual abuse. Under the bill, SB21-073, survivors would be able to sue individuals or institutions, no matter how long ago the abuse occurred. 

“So many of our kids have faced unimaginable abuse at the hands of people who we’ve entrusted to care for and protect them, leading to profound trauma and lifelong medical and mental health issues,” said Senator Jessie Danielson, D-Wheat Ridge. “We need to hold these perpetrators accountable so that the individuals and families affected by this abuse can finally begin to heal and get the closure they desperately need. This bill would allow survivors of child sexual abuse to get the justice they deserve and prevent this kind of behavior from happening in the future.” 

In an effort to protect survivors and hold perpetrators accountable, this legislation would further define sexual misconduct and eliminate the civil statute of limitations, which is often used to defeat childhood and adult claims of sexual assault. 

Currently, the statute of limitations to bring a civil claim based on sexual abuse against a child is 6 years in most cases. As such, the bill would eliminate the restriction on damages for certain crimes.

The bill has strong support from the Colorado Coalition Against Sexual Assault (CCASA), which provides leadership, advocacy and support to address and prevent sexual violence in Colorado.

"Statutes of limitations are the tool most often used to deny and defeat claims of sexual abuse, but we know that healing from trauma has no timeline; that is why the civil statute of limitations needs to be eliminated,” said Raana Simmons, CCASA’s Director of Public Affairs. “The civil legal system is the single system designed to provide survivors with the financial resources they need to cover the costs of things like counseling, medical care, and other issues caused by sexual assault.  Survivors in Colorado deserve the ability to access the civil legal system on their own schedule. We're hopeful that Colorado's State Senators will recognize the need to eliminate the civil statute of limitation sexual assault and vote 'yes' on Senate Bill 73."

In addition to this piece of legislation, Danielson has introduced the Child Sexual Abuse Accountability Act, SB21-088, which would create a new path for survivors of child sexual abuse to pursue civil claims against their abusers and the youth programs or organizations that were responsible for covering up that abuse. 

SB21-073 now moves to the Committee of the Whole on the consent calendar. To track the progress of the bill, visit the Colorado General Assembly’s website.