The Colorado Victim Rights Act gives survivors of sexual assault specific legal rights. Though it mainly covers criminal cases, these rights also affect the compensation available in a civil lawsuit.
Please note: Greer Law handles sexual abuse claims against institutions and organizations that allowed the abuse to happen, such as schools, churches, youth programs, hotels, and employers. We do not take cases against an individual acting alone, such as a family member, spouse, partner, or acquaintance. If that describes your situation, the Colorado Coalition Against Sexual Assault and the National Sexual Assault Hotline at 800-656-4673 can connect you with support.
Colorado Victim Rights Act: Rights During the Criminal Process
The Colorado Victim Rights Act (VRA) sets out in detail the rights a crime victim has during the criminal process. It applies to sex offenses and a range of other offenses. Some of the rights in the VRA are:
- The right “to be treated with fairness, respect, and dignity” during the criminal justice process.
- The right to track case progress and be present or heard at key court proceedings.
- The right to track collected medical evidence and object to any proposal by the government to destroy it.
- The right to know if the accused is released from jail, before or after sentencing,or escapes custody.
- The right to confer with prosecutors before any plea deal is finalized or submitted to the court.
You can read the full list in the statute, C.R.S. § 24-4.1-302.5. If you want medical evidence collected without going to police right away, read Free Sexual Assault Forensic Exams in Colorado.
Criminal Restitution vs. Civil Compensation
The victim is also entitled to restitution from the defendant as part of the criminal process. Because restitution covers only financial losses, such as medical bills and anticipated future expenses, and never pain and suffering, loss of future earnings or punitive damages, it cannot replace a civil lawsuit against responsible parties. Criminal restitution payments are generally deducted from any final civil lawsuit award for the same assault.
The Victim Rights Act gives survivors a voice and limited restitution, but it cannot replace full civil compensation:
- A civil lawsuit can ask for more than just out-of-pocket costs and damages. You can also seek damages for pain, suffering, future medical or mental health care, and potentially punitive damages.
- A civil lawsuit can also be filed against others who may share legal responsibility for the sexual assault, even if they are not charged with a crime for the assault. Depending on circumstances, venue owners, employers, or bystanders may share financial responsibility for the attack. This can be the case even if the authorities never considered prosecuting any of them.
- Finally, civil lawsuits can proceed even if criminal charges are dropped, dismissed, or never filed. The civil burden of proof (“preponderance of evidence”) is much lower than the criminal standard (“beyond reasonable doubt”).
For a side-by-side look at the two systems, read Civil vs. Criminal Sexual Assault Cases in Colorado. If privacy is a concern, see Can You File a Sexual Assault Lawsuit Anonymously in Colorado?
Talking to a Lawyer About a Civil Claim
We represent survivors of sexual assault who have decided to sue those responsible for their attack, and we build each case to hold those parties accountable.
Deciding to sue your attacker or anyone else responsible is hard. We’ll give you clear information and answer your questions so you can decide at your own pace. Tell us what happened, ask anything you want, and we’ll explain what a civil lawsuit involves.
Call Greer Law at 303-331-6460 or contact us online.
