If you survived sexual assault in Colorado, you may have considered suing the responsible parties. Maybe you’ve heard that there is no “statute of limitations” for these kinds of lawsuits, and you might wonder what that means.
First, the important part: Colorado has eliminated the statute of limitations for civil lawsuits based on sexual assaults occurring after January 1, 2022. Additionally, if your claim was still valid under previous law on January 1, 2022, you can still file now.
Here is some more information if you still have questions about Colorado’s Statute of Limitations for sexual assault lawsuits.
What is the Statute of Limitations?
It’s important to understand what the statute of limitations is. The statute of limitations in civil law cases sets time limits for you to bring a lawsuit against someone you have a civil claim against. Filing after the deadline prevents you from recovering any compensation. This applies regardless of the severity of your injuries or damages. Courts will likely dismiss late cases unless you have a legal reason to extend the deadline.
How Does the Statute of Limitations Work for Sexual Assault Lawsuits in Colorado?
Colorado has eliminated the statute of limitations for sexual assault claims. As the statute says, “any civil action based on sexual misconduct” can be brought “at any time without limitation.”
There are several important qualifications to this.
First, it applies to claims for sexual assault (and other sexual misconduct) that happened on or after January 1, 2022. This applies no matter whether you were an adult or a minor when you were sexually assaulted.
Second, it applies to pre-2022 assaults if your right to sue the responsible party was still valid on January 1, 2022. In other words, if the old statute of limitations had not yet run on January 1, 2022, you can still bring the sexual assault claim today. That applies whether you were an adult or a minor when the sexual assault happened.
Third, survivors assaulted as minors between January 1, 1960, and December 31, 2021, had until January 1, 2025, to file. However, if the deadline passed before January 1, 2022, the Colorado Supreme Court ruled survivors cannot file claims.
What About Repressed Memories?
Many sexual assault survivors repress memories of attacks that happened when they were children. In these cases, you may still file a lawsuit for older assaults, even if the standard deadline has passed. These cases can be very hard to prove, however. Contact Greer Law to discuss your options if you recently recalled childhood sexual assault.
Greer Law Can Fight for Your Rights to Compensation for Sexual Assault
Greer Law represents sexual assault survivors seeking the compensation they deserve from responsible parties. We understand how hard it is to discuss your assault, let alone sue your attacker. That’s why we are first here to answer your questions about what a lawsuit involves. We’ll give you the information you need to make a careful and informed decision. And we’ll never pressure you to file a lawsuit if you are not ready to do so.
Contact us at 303-331-6460 or reach out to us online to set up a free case consultation with one of our experienced attorneys. At Greer Law, we fight for your rights and help survivors secure rightful compensation.
