Child sexual abuse survivors in Colorado can now file a lawsuit beginning on January 1, 2022, when the state’s three-year “window” provision of the Child Sexual Abuse Accountability Act takes effect. The law creates a statutory cause of action for a victim of sexual misconduct that occurred when the victim was a minor. Child sexual abuse survivors who suffered sexual misconduct between January 1, 1960, and January 1, 2022, must commence legal action before January 1, 2025. There is no limitation on time to bring a claim for child sexual abuse that happened on or after January 1, 2022.
The recently enacted Child Sexual Abuse Accountability Act is summarized, in part, below by the Colorado General Assembly:
The act creates a statutory cause of action for a victim of sexual misconduct that occurred when the victim was a minor. The victim may bring a civil claim against the actor who committed the sexual misconduct and against an organization that operates or manages a youth-related activity or program (youth program) if the organization knew or should have known of a risk of sexual misconduct against minors and the sexual misconduct occurred while the victim was participating in a youth program managed by the organization. The act waives sovereign immunity for the claim so a victim may bring a claim against a public employee or public entity that operates a youth program, including an educational entity operating an educational program or a district preschool program.
The cause of action is available to a victim of sexual misconduct that occurred on or after January 1, 1960. A person who was the victim of sexual misconduct that occurred between January 1, 1960, and January 1, 2022, must commence an action before January 1, 2025. There is no limitation on the time to bring a claim for sexual misconduct that occurs on or after January 1, 2022. A person may not, prior to an incident of sexual misconduct, waive the right to bring a civil action; any purported pre-incident waiver is void as against public policy.
Experience Matters
Sauder Schelkopf has a nationally recognized litigation practice. Our former prosecutors have extensive experience representing victims of all ages. The Legal Intelligencer named Sauder Schelkopf partners to its 2020 Pennsylvania Trailblazers. The honor recognizes 31 lawyers who “have taken extra measures to contribute to positive outcomes . . . and who are truly agents of change.” The Legal highlights our partner’s innovative work on advocacy as class counsel in large institutional sex abuse cover-ups, women’s, and children’s rights. The American Lawyer named Joe Sauder to its 2021 Northeast Trailblazers. The honor recognizes 60 lawyers who are “truly agents of change.” It “recognizes professionals in the Northeast who have moved the needle in the legal industry.” The Northeast includes Maine, New York, New Jersey, Vermont, Massachusetts, Rhode Island, Connecticut, New Hampshire, and Pennsylvania.
Juvenile Justice:
- We are currently litigating abuse cases against The Glen Mills Schools and Devereux Advanced Behavioral Health.
Civil Rights
- In Allison, et al. v. The GEO Group, Mr. Sauder served as co-lead counsel and achieved a $2.9 million settlement on behalf of pretrial detainees whose civil rights were violated at the Delaware County prison.
- In Kurian v. County of Lancaster, Mr. Sauder served as co-lead counsel and achieved a $2.5 million settlement in this civil rights class action lawsuit on behalf of pretrial detainees.
Sexual Abuse
- Sauder Schelkopf, and co-counsel, recently reached a $215 million settlement on behalf of female patients of Dr. George Tyndall, a gynecologist at the University of Southern California accused of sexual misconduct since the 1990s.
- We have represented survivors of clergy sexual abuse in dioceses throughout the country.
- We have a lawsuit pending on behalf of males who were victims of sexual misconduct by Dr. Richard Strauss, the Ohio State team doctor, while they were students and student-athletes at Ohio State University.
- We recently announced a landmark class action settlement in which the University of Michigan agreed to “major institutional reforms.” It was alleged that UofM longtime employment of a predatory former sports doctor evidenced a toxic environment where students face an increased risk of sexual violence in violation of Title IX. The settlement comes after widespread allegations by over 1000 survivors of sexual misconduct by Dr. Robert E. Anderson, former director of University Health Service, and a former athletic team physician, who worked at the University of Michigan from 1968 until his retirement in 2003.
We Want to Hear from You
If you are a survivor of child sexual abuse, you can confidentially contact the lawyers at Sauder Schelkopf by filling out the form on this page or calling 888.711.9975