Colorado Supreme Court strikes law allowing child sex abuse lawsuits from decades past

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Childhood sexual abuse victims in Colorado will no longer be able to file lawsuits over abuse that happened decades ago, as the state Supreme Court struck down a law Tuesday that gave victims a three-year window to sue over abuses as far back as the 1960s. The court cited the state Constitution’s ban on legislation that retroactively applies to conduct prior to its passage.

cited the state Constitution’s ban on legislation that retroactively applies to conduct prior to its passage.

Colorado’s Child Sexual Abuse Accountability Act, passed in 2021, was partly intended to allow child victims to bypass the statute of limitations and seek reparations and accountability for their assailant and/or organizations that might have failed to catch and stop any abuse. The bill’s sponsors argued that, particularly for children, such abuse often goes unreported at the time it happens.

The law was part of a national effort following the #MeToo movement to roll back time limitations on victims’ ability to seek justice. “We certainly understand the General Assembly’s desire to right the wrongs of past decades by permitting such victims to hold abusers and their enablers accountable,” wrote Justice Monica M. Márquez in the opinion. “But the General Assembly may accomplish its ends only through constitutional means.”

 

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