Colorado Child Sexual Abuse Accountability Act Claims
Our law firm can file a lawsuit or handle your claim on your behalf
Colorado recently enacted the Child Sexual Abuse Accountability Act. This groundbreaking law gives sexual abuse victims the right to take legal action, even if the abuse took place decades ago.
However, abuse victims only have a limited amount of time – only up to three years in some cases – to file a sexual abuse lawsuit or claim under Colorado’s new law. That’s why it’s critical that abuse victims talk to a lawyer as soon as possible to learn more about their legal rights and options.
Colorado Springs child sexual abuse attorney Stephen A. Longo and his talented legal team at The Longo Firm, LLC can help you every step of the way. A highly-respected lawyer who represents sexual abuse victims in Colorado, Attorney Longo can work with you and build the strongest possible case in support of your lawsuit or claim.
What is the Colorado Child Sexual Abuse Accountability Act?
Passed into law in 2021, Colorado’s Child Sexual Abuse Accountability Act (SB21-088) gives victims of child sexual abuse the right to bring a civil claim against the person or organization responsible for sexual misconduct involving a minor, meaning anyone under 18 years old.
Colorado’s law went into effect on Jan. 1, 2022, and applies to all child sexual abuse claims that occurred on or after Jan. 1, 1960. Under the law, sexual abuse victims have up to three (3) years in most cases to file a civil action or take legal action. However, the deadlines vary depending on when the abuse took place.
This is why it’s critical that abuse victims talk to a lawyer right away to learn more about the legal options available in Colorado. Otherwise, you might miss out on your opportunity for justice.
What is a waiver for sovereign immunity and how does it apply?
Colorado’s law states that the “act waives sovereign immunity for the claim so a victim may bring a claim against a public employee or public entity that operates a youth program.” This means that abuse victims can file a civil claim or lawsuit against a public school or another government entity where the abuse took place.
"Sovereign immunity would otherwise be in play for these cases,” Attorney Longo said in an interview with KOAA NBC 5 News. “If you were a victim or had a civil case against the government, you would have to fight around sovereign immunity to bring your claim. What this law is saying…the governmental entity whether it's a school or anything else is not going to be protected.”
Who can I take legal action against?
If you were a victim of child sexual abuse, Colorado’s Child Sexual Abuse Accountability Act gives you the right to take legal action against several at-fault parties, including:
- The person who committed the abuse.
- The person’s employer, whether it’s a public school, daycare center, youth organization, or sports facility.
- The government entity that oversees the person who committed the abuse.
You may be able to file a lawsuit or take legal action against other at-fault parties depending on the circumstances of your case. Attorney Longo can review the details of your potential legal case and advise you on the best course of action.
How much time do I have to file a lawsuit or claim?
Under Colorado’s new law, the deadline (known legally as the statute of limitations) to file a lawsuit or sexual abuse claim is three (3) years for certain cases. This three-year deadline to initiate legal action applies to child sexual abuse that occurred between Jan. 1, 1960, and Jan. 1, 2022. As a result, legal action in such cases must take place before Jan. 1, 2025.
As for child sexual abuse that occurred on or after Jan. 1, 2022, there is no deadline for taking legal action under the new law. Previously, victims of child sexual abuse only had six (6) years in most cases to file a lawsuit or take other legal action.
But just because you have three years or no deadline doesn’t mean you should wait to take legal action in such cases. The sooner your lawyer can start investigating your possible legal case, the better. That’s because such legal cases can often be complicated legal matters. And the more evidence you have, the stronger your legal case will likely be in support of your claim.
How much is my claim worth?
Certain limits may apply in certain cases under Colorado’s Child Sexual Abuse Accountability Act. This is especially true in cases involving a public employee or public entity. Such limits can be found in the "Colorado Governmental Immunity Act.”
As for other claims, the Colorado Act has certain maximum amount recoverable limits for certain child sexual abuse cases. Such limits vary from $500,000 to $1 million in certain cases.
However, the best way to know how much your child sexual abuse claim could be worth is to talk to Attorney Longo. He thoroughly understands Colorado’s Child Sexual Abuse Accountability Act and can review the details of your particular case.
Survivors may be entitled to compensation
Child sexual abuse claims can be very complicated legal cases. This is especially true if such incidents happened decades ago. The person who committed the abuse might no longer live in Colorado or no longer be alive.
The organization an abuser worked for will also often go to great lengths to defend their actions and dismiss the claim. That’s because there can be a lot at stake in child sexual abuse cases.
Make sure you know your legal rights and take full advantage of your legal protections under Colorado’s Child Sexual Abuse Accountability Act. Contact our law firm to schedule a free and confidential case evaluation with Colorado sexual abuse lawyer Stephen A. Longo.