In November, Colorado voters will have a voice in saving children from sexual predators and those who harbor them. Coloradans will be able to do more than watch stories about the frightening epidemic of child sexual abuse; they can be part of the solution by using their voice at the ballot box to benefit children.
That’s if the General Assembly lets them.
The Child Sexual Abuse Accountability Act (SCR 24-001) will allow voters to make a small and narrow change to Colorado’s Constitution that will give the General Assembly the authority to pass retroactive laws for claims of child sexual abuse. Colorado’s Constitution framers did not know about the epidemic of child sexual abuse. They did not know about the science of trauma or delayed disclosure. They did not know that when a child is sexually assaulted, the predator takes more than the child’s innocence; they take the child’s voice, often for decades, and sometimes for a lifetime.
The amendment is simple in text but substantial in safeguarding children. Yet false contentions abound. The arguments against the Child Sexual Abuse Accountability Act are unfounded and spurious.
- Businesses will shut down. False. There is absolutely no reliable data — zero evidence of this. Moreover, businesses that follow sound child protection procedures and protocols have nothing to fear. Also, Chapter 11 of the U.S. Bankruptcy Code is a voluntary process that allows a business to reorganize and stay in business. What many may find surprising is that there is absolutely no requirement for insolvency under the code. The process protects businesses, not children.
- We have criminal laws that handle this issue. True, we do have criminal laws for child sex crimes, but they are ineffective and limited. About 10% of sexual assault crimes move forward to prosecution, and even fewer result in convictions. The burden of proof is considerably higher — beyond a reasonable doubt. District attorneys have broad discretion on whether to move forward, victims have no power and little voice. Predators and bad acting institutions sidestep the criminal justice system.
- The courts will be flooded. Nope. CHILD USAdvocacy and CHILD USA have gathered data from several states that have passed retroactive laws. Overall, less than 0.002% of the population file claims. There was no mass rush to the courts.
- Statutes of Limitations have a purpose. True. Yet, they are arbitrary time limits created by the legislature. More importantly, their underlying purpose does not make sense for child sexual abuse claims. These are not your typical tort claims of slip-and-fall or fender-bender actions. We are, after all, talking about the rape, sodomy and sexual assault of children.
- Retroactivity isn’t fair. What about due process? I believe in due process. However, due process is not an absolute right. States may consider compelling interests — like the safety of its children. Any potential for unfairness is met with the safety nets in place for all claims — the rules of civil procedure and the rules of evidence. Plaintiffs must prove their cases, and attorneys will not take weak cases.
The arguments against this amendment are flawed, which is why lawmakers across the country and in Congress are passing reform laws for child sex abuse cases.
There is a national movement to reform laws relative to child sex abuse. Presently, 30 jurisdictions have passed retroactive legislation for child sexual abuse claims, and 20 jurisdictions, including the federal government, have eliminated the statutes of limitations for child sexual abuse.
Retroactive laws do much more than give victims an opportunity for accountability and justice. They protect children. When we remove the arbitrary defense of the statute of limitations for sexual predators, we do three things: We protect children by exposing hidden sexual predators and bad-acting institutions; we shift the enormous cost of child sexual abuse away from victims and taxpayers; and we prevent further abuse by educating the public so parents and grandparents can make informed decisions about the safety of their children.
The Rocky Mountaineer conducted a poll in January, asking two questions relative to this legislation. The results showed that 84% of voters favor this amendment, and 61% said they would be less likely to reelect a state legislator who voted against this amendment, allowing victims to sue their abuser.
It is bad enough that predators and other bad actors snatch the voices of young children. Let’s not let the General Assembly take away the people’s voice to weigh in on this public health crisis.
Let the people vote — for the children of Colorado.
Kathryn Robb is the executive director of the national nonprofit CHILD USAdvocacy and is a lawyer who has been working to pass meaningful child sex abuse legislation across the country for nearly 20 years.
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