By Anastasiya Bolton
KUSA-TV - NBC 9News
February 7, 2008
http://www.9news.com/news/article.aspx?storyid=85932
DENVER - A state legislator wants to eliminate the statute of limitations on civil actions when it comes to sexual assaults on children.
Rep. Gwyn Green (D-Golden) is sponsoring the "Children's Protection Bill."
She says current law doesn't consider that sexual abuse is often not reported by children and is remembered much later in life.
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| Lawmaker wants to eliminate statute of limitations on sex abuse lawsuits |
"The child is so traumatized they're not able to deal with that, many times even to acknowledge that it damaged them, until they're in their 40s, 50s, 60s. By that time, their statute runs out. This gives them a chance to come forward," Green said.
The current statute of limitations when it comes to civil suits is six years after the victim turns 18.
Green introduced the bill Wednesday in the House Judiciary Committee. Based on the proposed statute, a victim would be able to sue an organization or an agency if it knew about the abuse and failed to take reasonable steps to prevent the perpetrator from committing the abuse.
Green proposes, in case the perpetrator is dead, the victim will be able to sue the entity or the employer.
The bill was scrutinized by committee members Wednesday despite the nearly 40 people who signed up to speak in support of it. Much of the testimony was from victims of sexual abuse.
Opponents say eliminating the statute of limitation creates an injustice for employers and entities that may be punished for the actions of individuals.
"Memories fade, witnesses die or disappear, evidence is lost and as a result. If the claim is brought 10, 20, 30 years later, it's a real burden on the justice system to discern what really happened and it makes it really difficult for entities to take appropriate steps to defend themselves," said Jeff Ruebel with the Colorado Defense Lawyers' Association.
The judiciary committee is expected to take a vote on the measure next week.
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