that survivors of childhood sexual abuse brought in the 18 months since the new law took effect.
The law, which took effect Jan. 1, 2022, allowed for adults who were sexually assaulted as children to bring lawsuits against both their assailant and, in some cases, organizations that ran youth programs. The law opened a three-year window for such lawsuits for abuse that allegedly happened between 1960 and 2022, including claims that otherwise would have been barred by the statute of limitations.
But the Colorado Supreme Court found Tuesday that the measure violates a provision in the state constitution that forbids lawmakers from passing any legislation that is “retrospective in its operation.”when they passed the law, and told the justices in court filings that they attempted to write the law in such a way that it did not violate the Colorado Constitution.
Attorneys argued the law was constitutional because the constitution’s prohibition on retrospective legislation was meant to protect only individual’s rights, not the rights of the government or a school district, and argued that there was an overriding public interest in allowing victims of childhood sexual abuse to seek civil remedies.
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