Republicans in the Colorado State Senate have unanimously voted against a constitutional amendment that would allow all victims of child sexual abuse to pursue a civil claim against abusers and organizations, regardless of when the abuse occurred.
A Colorado law went into effect on January 1, 2022, that removed the statute of limitations for child sex abuse claims going forward, allowing victims to bring forth a civil claim with no deadline.
In 2023, the Colorado Supreme Court ruled that a constitutional amendment would be needed in order to remove the 6-year statute of limitations for all child sexual abuse claims against perpetrators and the institutions they’re a part of.
On April 17, the measure that would allow for a constitutional amendment failed in the state Senate.
All 23 Democratic Senators voted in favor, and all 12 Republican Senators voted against. The measure needed just one Republican vote to pass.
Gina Lopez, a member of the Ute Mountain Ute tribe, works for the Colorado Coalition Against Sexual Assault.
“I'm disappointed that the issue became a partisan issue. Folks decided to lean into the details and pulling apart potential scenarios,” she said.
Senate Minority Leader Paul Lundeen, a Republican from Colorado Springs, says he voted against the measure because it would retroactively change the law and violate constitutional due process clauses.
“I do not take this vote lightly. In some ways, it's the hardest vote of my legislative career,” said Lundeen. “Retrospective or reaching backward changes to statutes of limitations could be seen as violations of the due process clause, found both in the 5th and 14th amendments of the United States Constitution… Altering the statute of limitations after the fact could be viewed as an arbitrary change to legal rights,” he said.
Senate Republicans had more concerns, including allowing abuse claims from decades ago and bringing the institutions that abusers were a part of into legal threat.
“In its emotional desire, which we all share, to reach far backwards may lead to increases in the miscarriage of justice, especially for institutions that may have had absolutely nothing to do with the crimes which we all find so offensive. As time passes, evidence can deteriorate, memories can fade, and witnesses may no longer be available, potentially leading to miscarriages of justice,” said Lundeen.
Throughout legislative hearings at the State Capitol, Democratic Senators were quick to respond to the Republican concerns. State Senator Jessie Danielson, a Democrat from Jefferson County, is the co-prime sponsor of the measure.
“Due process and equal protection are guaranteed under the U.S. Constitution,” said Danielson. “What's important here is that these claims have to be proven in a court of law. They have to be proven to a high standard of evidence. The claims do not invent a new legal injury that didn't exist before the acts in question. Therefore, at no time during these suits are the due process rights of defendants stripped away by this amendment.”
Supporters from the Southern Ute and Ute Mountain Ute tribes say that institutions also need to be held accountable in legal proceedings. Daisy Bluestar is a member of the Southern Ute tribe.
“One of the places that it might benefit our native communities would be boarding school survivors, the Catholic churches, and Boy Scouts. We know as Indigenous people that these have been some of the places where a lot of our children had been abused growing up,” said Bluestar.
Chairman of the Southern Ute Indian Tribe Melvin Baker had also endorsed the amendment. Chairman Baker said in a statement:
“Sexual violence has been a tool of colonization with generations of indigenous children experiencing sexual abuse in boarding school systems. The practice of sexual violence towards indigenous people and youth continues with indigenous women experiencing sexual violence at higher rates than all other races reported. Many of these are committed by non-Indigenous perpetrators.”
Southern Ute Vice Chair Lorelei Cloud advocated for the Child Sexual Abuse Accountability Amendment at the State Capitol in April.
“Our Ute and Native youth are the heart of our future. As a leader, I believe we must work together to ensure and protect their safety and success,” said Cloud.
Supporters of the measure are still hopeful that the amendment can pass in future legislative sessions if a different lineup of Democratic and Republican legislators are elected.
