Colorado has recently implemented a legal change that prevents victims of childhood sexual abuse from pursuing legal action for abuse that occurred many years ago.
In a recent ruling, the state Supreme Court invalidated a law that allowed victims to file lawsuits for past abuses dating back to the 1960s.
Colorado’s Child Sexual Abuse Accountability Act
The court cited the state Constitution’s prohibition on retroactive application of legislation to conduct that occurred before its enactment.
Known as the Child Sexual Abuse Accountability Act, Colorado’s law, passed in 2021, aimed to provide child victims with a way to seek reparations and hold their perpetrators or negligent organizations accountable, bypassing the statute of limitations. Supporters of the bill argued that child abuse often goes unreported, justifying the need for extended legal recourse.
The legislation was part of a broader national movement following the #MeToo movement to extend the time limits within which victims can pursue justice.
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Constitutional Constraints on Retroactive Laws
Justice Monica M. Márquez, in her opinion, acknowledged the legislature’s intention to rectify past injustices by enabling victims to hold abusers and enablers accountable but emphasized that such objectives must be achieved within constitutional boundaries.
The case brought before the state Supreme Court revolved around Angelica Saupe, who sued her school district for alleged sexual abuse by a high school basketball coach in the early 2000s.
During the hearing in April, Stuart Suller, the attorney representing the school district, argued that the state Constitution prohibits the General Assembly from retroactively applying laws to past conduct.
The Supreme Court agreed with this argument, highlighting that the law imposed liability for actions predating its enactment and for which any previously available legal action would be time-barred, rendering it unconstitutional.
Robert Friedman, Saupe’s lawyer, contended that since school districts are subordinate political entities to the state, they cannot claim immunity from retrospective laws enacted by the General Assembly.
Friedman also asserted that the flexible nature of the statute of limitations for the sexual abuse of minors prevents perpetrators from evading legal consequences.
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