These bills need to be considered in light of stories like the one aired in the spring of 2005 by a leading Colorado news channel.

According to the news report, a young boy had been severely injured on public school property in a supervised program. The public school district never disputed that the children weren’t properly supervised. But when the victim’s family sought compensation for medical bills, the school district declined, citing the doctrine of sovereign immunity. Worse, attorneys for the school district indirectly threatened to counter-sue for legal fees if the family pursued a suit.

We all agree that the sexual abuse of a minor is a serious crime and a grave sin. The proposed pieces of legislation, whatever their final form, and whether they’re pulled from consideration or move forward, have sparked an important discussion. What should Colorado’s public policy be on civil lawsuits arising from such sexual abuse? And should two unequal kinds of justice apply — a soft version when the sexual offender works for a public entity, and another, much harder version when the offender works for a Catholic or private institution?

Nationally, the evidence is now irrefutable that sexual abuse and misconduct against minors in public schools is a serious problem — in fact, more serious than anywhere outside the home, including churches. Since most Catholic children in Colorado attend public schools, this should seriously concern the whole Catholic community.

Colorado’s application of sovereign immunity sharply limits a family’s ability to sue a public school district, or similar public institutions, for the sexual abuse of their child or any other damaging activity. But the real situation in our state is even more troubling than that.

Under Colorado law, even if there were no sovereign immunity, the victim of a public school teacher’s misconduct must initiate his or her claim by filing a formal notice no later than 180 days after the incident. Moreover, the damages for such claims against government defendants are capped at $150,000.

For Catholics and any reasonable person, that raises two questions. First, why can a victim of teacher or clergy abuse in a Catholic school or parish wait a lifetime before initiating such litigation, while the victim of exactly the same and even more frequent abuse in a public school setting loses his or her claim by waiting 181 days? Second, why should a Catholic institution that is sued for such conduct be liable for massive, community-crippling damages, while guilty public institutions — even if sovereign immunity were waived — would face a mere $150,000 damages?

There’s a very good reason why SESAME, a national public-school abuse-victim group, has had difficulty organizing in Colorado. Our state law makes it useless for any such group to organize or act.

Catholics have learned about the national scope and human impact of sexual abuse the hard way. As bishops, we are wholeheartedly committed to helping victims heal and doing everything we can to protect our families in any Church-related environment. Every victim of sexual abuse suffers deeply and deserves our compassion. But the facts clearly show that the sexual abuse of minors is in no way a uniquely — or even disproportionately — “Catholic” problem.

The facts also show that too many public authorities have had too little accountability on the issues of sexual misconduct and abuse for too long. As a society, if Coloradans are really serious about ending the sexual abuse of minors, that needs to change.

For the sake of justice and common sense — and for the sake of their own children — Catholics need to demand from Colorado lawmakers an end to our state’s legal inequities in dealing with childhood sexual abuse.

On a matter as ugly and grave as the sexual abuse of minors, exactly the same civil and criminal penalties, financial damages, time frames for litigation and statutes of limitations should apply against both public and private institutions and their agents. That’s fair, that’s just, and it serves the ultimate safety of all our young people.

Most Rev. Charles J. Chaput, O.F.M. Cap.,
Most Rev. Arthur N. Tafoya
And Most Rev. Michael J. Sheridan

For more information on the proposed pieces of legislation and the inequities of Colorado law in addressing the sexual abuse of minors, contact the Colorado Catholic Conference, 303-894-8808.