We need to change colorado's state statute (13-80-103.7) on sexual offenses against a child. The statute currently states that you have six (6) years after the disability has been removed to file a civil action. What does colorado determine to be a disability?
This list would also include:
A victim in a "special relationship" includes:
Colorado leaves this six year limitation in place except for those in a "special relationship" with the perpetrator of the assult. In circumstances where the victim is in a special relationship with the perpetrator of the assault where the victim is "psychologically or emotionally unable to acknowledge the assault or the offense and the harm resulting therefrom, the six year limitation SHALL be tolled untill the disability is removed". However a person under disability shall have the burden of proving the the assault or offense occured and that such person was actually psychologically or emotionally unable to acknowledge the assault or offense and the harm resulting therefrom.
The statute goes on to state that a plaintiff that brings a civil action fifteen or more years after the plaintiff reaches the age of 18 years of age then the plaintiff may ONLY recover damages medical and counseling treatment and expenses, plus cost and attorney's fees.
With the way this statute currently reads, 13-80-103.7 subsection (3.5c), it doesn't matter what type of disability you fall under, once you turn 33 the only thing you can recover is compensation for therapy, medical bills and legal fees. This means ANYONE who is sexually assulted that is now over 33 and falls under any of these disabilitys are in a "separate class" from those with the same disabilitys who are under 33 years of age. In other words there is NO personal compensation to victim thats over 33 years old. This way the only ones who are really compensated are the doctors and lawyers. It takes NO account of you or what your disabilitys are the only thing that DOES seem to matter with the way this statute is currently written is your age. As my attorney put it "there is no reasonable or rational basis between the two classifications". Let me give you a example: Suppose your 31 and during a private session with your minister he/she sexually assaults you. Being that he is a highly regarded minister and you are to traumatized, embarassed and humiliated, you fail to come forward and disclose what occured untill three years later. Now that you are 34 and even though you filed the civil action within the six year limitation that the statute sets forth you are STILL only able to get therapy cost, medical and legal compensation but NO personal compensation JUST because you are now over 33 years old.
This in my opinion is a direct violation of our civil rights which states we have a RIGHT to "equal protection" under the law. It's also my opinion that everyone should have from the time they make a connection of the abuse AND the harm it caused them to file a civil OR criminal action against the perpetrators.
Many states are now using the delayed discovery rulings and that allows adult survivors of child sexual abuse alot more time to file suit. Now in many states you have from the time you CONNECTED the abuse WITH the harm it has caused you to file. Other states have NO criminal statutes if the crime involves a sex offenses against a child, In my opinion thats the way it should be. Perpetrators of this crime often threaten their small victims and often years go by before the survivor tells anyone of the abuse, it may be years or even decades later. This is why we need people to get educated, we need to send a message and it needs to be clear and to the point. We are in the process of setting up a legal defense fund to try to change colorado's current statute 13-80-103.7 ..If you would like to help in our fight please email me at the address listed on the bottom of this screen.
