COLORADO

CHILD SEX ABUSE SOLs

DONATE
2023 SOL TRACKER

CURRENT CIVIL SOL

Summary: Colorado has no civil SOL for CSA claims against all defendants.  It added a new cause of action which applies retroactively and opened a three-year window on January 1, 2022 for filing some claims for abuse that occurred years ago.

CIVIL SOL SNAPSHOT

AGE CAP

 NONE

REVIVAL LAW

 3-YEAR WINDOW (closes 12/31/24)

DISCOVERY TOLLING

 YES, NO TIME LIMIT

 

Changes Since 2002:

Age Cap

1990

Set the SOL for claims against perpetrators of a sexual offense against a child at age 24 (age of majority, 18, plus 6 years).[i] The SOL for other claims were subject to Colorado’s general 2-year SOL for negligence and expired at age 20 (age of majority, 18 plus 2 years).[ii] 

2021

Eliminated its SOL for sexual assault of minors and adults.[iii]  It also added a new civil cause of action for sexual misconduct against a minor with no SOL, but with damage caps of $350,000 for public entities/perpetrators and $500,000 for non-public entities/perpetrators, with exceptions for negligence or excessive injury which raise the cap to $1,000,000.[iv]

 

Revival Law

2021

Enacted the CSA Accountability Act which created a new cause of action and opened a 3-year window for any sexual misconduct against minors occurring from 1960 to 2021. The window is open from January 1, 2022 until December 31, 2024 for claims against perpetrators and public and private entities. Claims are subject to damage caps of $350,000 for public entities/perpetrators and $500,000 for non-public entities/perpetrators, with exceptions for negligence or excessive injury which raise the cap to $1,000,000. [v]

 

Discovery

Common Law

No common law discovery rule for CSA.[vi]

Statutory

In 1999, Colorado recognized a statutory discovery rule that pushed accrual of a cause of action for CSA to “the date, both the injury and its cause are known or should have been known by the exercise of reasonable diligence.”[vii]  Colorado’s accrual statute ensures that the SOL does not begin to run on claims based on CSA until reasonable discovery.[viii]  Claims against perpetrators can be filed up to 6 years after a victim discovers or should have discovered both their injury and that their injury was caused by sexual abuse.  While claims against institutions for negligence can be filed 2 years from discovery of injury and the negligent conduct.[ix]  In 2021, Colorado eliminated the SOL for CSA claims against all defendants and the accrual statute was no longer relevant.  There is no SOL for CSA claims that were not discovered before January 1, 2022, or that were discovered more recently and the applicable SOL was not yet expired before that date.[x] 

 

[i] Colo. Rev. Stat. Ann. § 13-80-103.7 (six-year SOL).
[ii] Colo. Rev. Stat. Ann. §§ 13-80-101 (three-year SOL), 13-80-102 (two-year SOL). In 1986, the SOL for negligence was reduced to two years, though in the years prior negligence had a six-year SOL.  In re Archdiocese of Denver Cases – Group I, 2008 WL 5082788 (D. Colo. Jan. 29, 2008).
[iii] Colo. Rev. Stat. Ann. § 13-80-103.7 (no SOL); 2021 Colo. Legis. Serv. Ch. 28 (S.B. 21-073).
[iv] Colo. Rev. Stat. Ann. § 13-20-1202. (no SOL); 2021 Colo. Legis. Serv. Ch. 442 (S.B. 21-088). See also Colo. Rev. Stat. Ann. § 24-10-114 ($350,000 damage cap for public entities and public employees).
[v] Id.
[vi] See Cassidy v. Smith, 817 P.2d 555, 557–58 (Colo. App. 1991) (declining to apply the discovery rule in child sex abuse case where plaintiffs argued they did not discover all elements of their causes of action until commencing therapy).
[vii] Sailsbery v. Parks, 983 P.2d 137, 138 (Colo. App. 1999) (quoting Colo. Rev. Stat. Ann. section 13-80-102 (1998), which “provides that a cause of action accrues on the date ‘both the injury and its cause are known or should have been known by the exercise of reasonable diligence.’”).
[viii] Id.; Colo. Rev. Stat. Ann. §13-80-108.
[ix] In re Archdiocese of Denver Cases – Group I., 2007 WL 1234831 (D. Colo. Mar. 26, 2007) (finding negligent supervision claim for child sex abuse does not accrue until reasonable discovery of injury and facts giving rise to negligence claim); Colo. Rev. Stat. Ann. § 13-80-102 (stipulating two-year SOL for negligence “except as otherwise provided . . . in section 13-80-103”).
[x] Colo. Rev. Stat. Ann. § 13-80-103.7 (SOL elimination “applies to causes of action accruing on or after January 1, 2022, and to causes of action accruing before January 1, 2022, if the applicable SOLs, as it existed prior to January 1, 2022, has not yet run on January 1, 2022.”); 2021 Colo. Legis. Serv. Ch. 28 (S.B. 21-073).
COLORADO SURVIVOR TOOLKIT

CURRENT COLORADO CIVIL LAW

COLO. REV. STAT. ANN. § 13-80-103.7 (NO SOL)
(1)(a) Notwithstanding any other statute of limitations specified in this article 80, or any other provision of law that can be construed to limit the time period to commence an action described in this section, any civil action based on sexual misconduct, including any derivative claim, may be commenced at any time without limitation.
(b) This subsection (1) applies to causes of action accruing on or after January 1, 2022, and to causes of action accruing before January 1, 2022, if the applicable statute of limitations, as it existed prior to January 1, 2022, has not yet run on January 1, 2022.
(2) As used in this section, unless the context otherwise requires, sexual misconduct means any conduct that forms the basis of a civil action that is engaged in for the purpose of the sexual arousal, gratification, or abuse of any person, and that constitutes any of the following:
(a) A first degree misdemeanor or a felony offense described in part 3 or 4 of article 3 of title 18 or a felony offense described in article 6 or 7 of title 18;
(b) Human trafficking for sexual servitude, as described in section 18-3-504;
(c) A federal sex offense as defined in the federal “Sex Offender Registration and Notification Act”, 34 U.S.C. sec. 20911 (5)(A)(iii);
(d) Obscene visual representations of the sexual abuse of children, as described in 18 U.S.C. sec. 1466A;
(e) Transfer of obscene material to minors, as described in 18 U.S.C. sec. 1470; or
(f) Attempt or conspiracy to commit sex trafficking of children or by force, fraud, or coercion, as described in 18 U.S.C. sec. 1594.
(6)(a) This section also applies to any cause of action arising from factual circumstances that include sexual misconduct that is brought against a person or entity that is not the perpetrator of the sexual misconduct.
(b) This subsection (6) applies to causes of action accruing on or after January 1, 2022, and to causes of action accruing before January 1, 2022, if the applicable statute of limitations, as it existed prior to January 1, 2022, has not yet run on January 1, 2022.
COLO. REV. STAT. ANN. § 13-80-101 13-80-102 (2-year SOL)
(1) The following civil actions, regardless of the theory upon which suit is brought, or against whom suit is brought, must be commenced within two years after the cause of action accrues, and not thereafter:
(a) Tort actions, including but not limited to actions for negligence, trespass, malicious abuse of process, malicious prosecution, outrageous conduct, interference with relationships, and tortious breach of contract; except that this paragraph (a) does not apply to any tort action arising out of the use or operation of a motor vehicle as set forth in section 13-80-101(1)(n);
(b) All actions for strict liability, absolute liability, or failure to instruct or warn;
(c) All actions, regardless of the theory asserted, against any veterinarian;
(d) All actions for wrongful death, except as described in subsection (2) of this section;
(e) Repealed by Laws 1987, S.B.75, § 8, eff. July 1, 1987.
(f) All actions against any public or governmental entity or any employee of a public or governmental entity for which insurance coverage is provided pursuant to article 14 of title 24, C.R.S.;
(g) All actions upon liability created by a federal statute where no period of limitation is provided in said federal statute;
(h) All actions against any public or governmental entity or any employee of a public or governmental entity, except as otherwise provided in this section or section 13-80-103;
(i) All other actions of every kind for which no other period of limitation is provided;
(j) All actions brought under section 42-6-204, C.R.S.;
(k) All actions brought under section 13-21-109(2).
(2) A civil action for a wrongful death against a defendant who committed vehicular homicide, as described in section 18-3-106, C.R.S., and, as part of the same criminal episode, committed the offense of leaving the scene of an accident that resulted in the death of a person, as described in section 42-4-1601(2)(c), C.R.S., regardless of the theory upon which suit is brought, or against whom suit is brought, must be commenced within four years after the cause of action accrues, and not thereafter.
Case law

CURRENT CRIMINAL SOL

Summary: There is no SOL for felony sex offenses against children, including trafficking, but the SOL is five years from the offense for misdemeanors.

CRIMINAL SOL SNAPSHOT

SEXUAL ASSAULT

 NO SOL

HUMAN TRAFFICKING OF A MINOR FOR SEXUAL SERVITUDE

 NO SOL

 

Changes Since 2002:

 

Age Cap

2002

Set the SOL for felony sex crimes against children at age 28 (age of majority, 18, plus 10 years) and misdemeanors at 5 years from the offense.[i]

2006

Eliminated the SOLs for all felony sex offenses against children, including attempt, conspiracy, or solicitation to commit an offense.[ii]

2019

Added unlawful electronic sexual communication to its list of felony sex offenses against children for which there is no SOL.[iii]
 
[i] Colo. Rev. Stat. Ann. §§ 16-5-401(1)(a) (2002) (felony SOL), 18-3-411 (2002) (CSA crimes and misdemeanor SOL).
[ii] Colo. Rev. Stat. Ann. §§ 16-5-401(1)(a) (2006) (felony SOL), 18-3-411 (2006) (CSA crimes and misdemeanor SOL).
[iii] Colo. Rev. Stat. Ann. §§ 16-5-401(1)(a) (2019) (felony SOL), 18-3-411 (2019) (CSA crimes and misdemeanor SOL).

CURRENT COLORADO CRIMINAL LAW

COLO. REV. STAT. ANN. §§ 16-5-401 (1)(a) (no SOL and 18-month SOL)
(1)(a) Except as otherwise provided by statute applicable to specific offenses, delinquent acts, or circumstances, no adult person or juvenile shall be prosecuted, tried, or punished for any offense or delinquent act unless the indictment, information, complaint, or petition in delinquency is filed in a court of competent jurisdiction or a summons and complaint or penalty assessment notice is served upon the defendant or juvenile within the period of time after the commission of the offense or delinquent act as specified below:
Murder, kidnapping, treason, any sex offense against a
child, and any forgery regardless of the penalty provided:
No limit
Attempt, conspiracy, or solicitation to commit murder;
attempt, conspiracy, or solicitation to commit kidnapping;
attempt, conspiracy, or solicitation to commit treason;
attempt, conspiracy, or solicitation to commit any sex
offense against a child; and attempt, conspiracy, or
solicitation to commit any forgery regardless of the
penalty provided:
No limit
Vehicular homicide, except as described in paragraph
(a.5) of this subsection (1); leaving the scene of an
accident that resulted in the death of a person:
Five years
Other felonies:
Three years
Misdemeanors:
Eighteen months
Case Law

The information provided is solely for informational purposes and is not legal advice. To determine the SOL in a particular case, contact a lawyer in the state.

BACK TO STATE MAP

Last Updated: June 28, 2022

IT'S EASY TO DONATE TO CHILD USA