The statute of limitations (SOL) governs how long a victim or prosecutor has to file a lawsuit. If you file a lawsuit after the SOL has expired, your case will usually be dismissed. Colorado has separate statutes of limitations for criminal and civil sexual abuse.
Different statutes of limitations may apply depending on when your abuse occurred. Adult and child sexual abuse cases in Colorado have separate filing deadlines.
The deadline that applies depends on when the abuse happened. Newer laws can extend or remove deadlines for cases that were still open. However, these changes usually do not revive cases where the deadline had already passed.
Sex crimes, particularly those committed against children, have their own categories of prosecution constraints
Most other felony sex offenses must be prosecuted within ten years after the crime was committed. If the victim was under 18 at the time of the offense, prosecution for felony sexual assault must begin within 20 years after the victim turns 18. For felony unlawful sexual contact, prosecution must begin within ten years after the victim turns 18.
Prosecution for failing to register as a sex offender against children must begin within three years of the crime’s commission. For specific sex offenses against children, there is no statute of limitations.
Misdemeanor prosecutions for sex assault (Section 18-3-402 (3), CRS) and unlawful sexual contact (Section 18-3-404 (2), CRS) must begin within five years of the crime’s commission.
Other misdemeanor sex offenses must be prosecuted within 18 months of the crime’s conduct.
The exception is DNA. There is no time limit for prosecution if the offender’s identity is determined by DNA evidence. For felony sexual assault, the crime must have been reported to law enforcement within 20 years. For most other sex offenses, the report must have been made within ten years.
Civil Lawsuits for Sexual Abuse in Colorado
In a civil case, a victim of sexual abuse seeks restitution and damages from the perpetrator. You may be entitled to monetary and non-monetary damages, as well as compensation for your pain and suffering.
Colorado no longer sets a time limit for most civil sexual abuse lawsuits. Under a law that took effect January 1, 2022, a civil claim based on sexual misconduct can be filed at any time. This applies to abuse that happened on or after January 1, 2022. It also applies to older abuse if the old six-year deadline had not yet run out by that date.
If the old deadline expired before 2022, the claim usually stays time-barred. Under the old rule, adult victims had six years from the incident, and child victims had six years from their 18th birthday.
If you are sexually abused at work, you may be able to file a sexual harassment lawsuit under federal law. Within 300 days of the sexual abuse or harassment, you must file a complaint (or charge) with the Equal Employment Opportunity Commission (EEOC).
The EEOC will investigate your complaint and decide whether to file a lawsuit on your behalf. If it decides not to fight your claim, it will send you a letter stating that you have the right to sue. You must file a lawsuit within 90 days of receiving the EEOC’s right to sue letter.
Sexual touching or contact is defined for legal purposes as the knowing and purposeful touching of another person’s intimate or private portion to arouse sexual desire. This touching might occur directly on the person’s body or through the minimal barrier of their garments.
Inappropriately grabbing someone else’s genitals, even while garments cover them, is an example of an act that normally constitutes sexual contact. Another example might be kissing someone without their consent or threatening them with unwanted sexual behavior.
It is crucial to highlight that touching or contacting another person’s intimate or private areas may not constitute sexual assault in specific circumstances. This may include, but is not limited to:
- The Medical Personnel Exception: If a medical practitioner is doing a clinical examination on a patient that requires touching or contact with the patient’s genitals, any touching of their intimate parts would not be considered sexual contact. It is important to clarify, however, that this does not apply if a person falsely represents oneself as a medical expert or if an actual medical professional inappropriately handled someone outside of the scope of medical care. One example would be if a medical worker fondled a patient while they were sedated; or
- The Parental Exception: When a kid’s parent is doing necessary domestic responsibilities, such as changing a diaper or bathing their child, touching private parts is not deemed sexual contact. If the touching is not done for a necessary domestic function, it may be deemed sexual assault and child abuse.
Colorado Criminal Cases for Sexual Abuse
The State of Colorado files criminal cases on behalf of victims. You must alert law enforcement of sexual abuse to press criminal charges. Authorities will examine your allegations, and a prosecutor may press charges against your abuser.
If a suspect is found guilty of illegal behavior, they may face severe jail time and sex offender registration.
Colorado’s criminal statute of limitations varies depending on the victim’s age. Among the criminal statutes of limitations are the following:
- There is no statute of limitations for felony sex offenses against a child under the age of 15 .
- Felony sexual assault: 20 years.
In 2016, Colorado doubled the criminal statute of limitations for felony sexual assault from ten years to 20 years. The change was not retroactive. For offenses committed before July 1, 2016, the ten-year deadline usually still applies.
You can sue for sexual assault in civil court. However, in order to sue the defendant, a plaintiff must first select a cause of action. Because there is no sexual assault cause of action in personal injury law, a plaintiff must instead choose one or more of the following legal theories in order to launch a civil claim against the defendant:
- Assault, battery, or intentional infliction of emotional distress
You can also sue many people; however, who you can sue depends mainly on the facts and circumstances of each individual case. As a result, in some cases, a plaintiff can sue additional parties for the assault.
As an example, if the sexual assault occurred at school, the plaintiff can sue the school administration or a teacher for permitting the assault to occur, in addition to suing the perpetrator.
Other Compensation for Crime Victims in Colorado
The Crime Victim Compensation Fund in Colorado also provides compensation to victims of sexual abuse. The Fund provides victims of violent crimes with financial support for medical bills and other crime-related expenses (up to $30,000). To be eligible, you must report the abuse to law enforcement and apply within one year of the incident. A 2024 law removed the old 72-hour reporting deadline. Getting a forensic exam from a nurse or medical provider can also meet the reporting requirement, and boards can waive some rules for good cause.
In contrast to most states, Colorado’s Crime Victim Fund is decentralized, with no one commission or board reviewing and approving applications. You must instead apply for benefits in the court district where the offense took place.
Do I Need a Colorado Lawyer for Sexual Abuse Case?
Sexual assault and abuse claims are extremely hard, and they go undetected far too often. A Colorado personal injury lawyer can help you through the legal system, educate you on your rights, and provide emotional support. A lawyer can also help you get fair compensation for your injuries.
A Colorado criminal lawyer can assist you in understanding your rights if you face sexual assault charges and punishment. Because time is of importance, consult with an attorney as soon as feasible.
