Earlier this month, Colorado signed into law two bills that eliminate the statute of limitations for sexual assault civil cases and give the right for adults to file lawsuits for crimes of sexual misconduct committed against them while they were minors.

Senate Bill 21-073, Civil Action Statute of Limitations Sexual Assault, defines sexual misconduct in the Colorado statutes, removes the limitation on bringing a civil claim based on sexual misconduct to court, repeals certain limitations on damages a victim can receive for crimes committed before turning 18, and eliminates the restriction on bringing cases to court for individuals with a disability or those with a special relationship with the perpetrator.

Then, there is Senate Bill 21-088, the Child Sexual Abuse Accountability Act (CSAAA), which creates a statutory cause of action for sexual misconduct victims, waives sovereign immunity, and sets the maximum that can be recovered for damages. The cause of action is available for any victim of sexual abuse or assault that happened on or after January 1, 1960. Based on any action that took place between January 1, 1960, and January 1, 2022, plaintiffs have until January 1, 2025, to bring their civil case to court. However, there is no statute of limitations for any cases based on sexual misconduct that occurs after January 1, 2022.

Additionally, CSAAA waives the sovereign immunity for claims, allowing victims to bring lawsuits against public employees and public entities, such as teachers or school districts, to court. The maximum that can be recovered for a claim against a public employee or public entity remains the same set by the Colorado Governmental Immunity Act. Claims that are not against public employees or entities can recover a maximum of $500,000 in damages, with the court having the flexibility to double the amount received by the victim in certain cases.

With the passing of the bill, the director of Public Affairs for the Colorado Coalition Against Sexual Assault stated, “What we know about statutes of limitations is that they only serve to the benefit of the perpetrator, and they prevent survivors from actually accessing justice.”

Statutes of limitations, or laws that create a maximum period from when the act was committed to when a criminal complaint or civil claim can be filed, vary from state to state as well as from the type of act committed. Most states have at least some delay or suspension of the statute of limitations for civil actions for crimes committed when the victim is a minor.

All states have differing laws on what constitutes a felony versus a misdemeanor for crimes of sexual abuse, assault, and misconduct. While rape is usually categorized as a felony, where the perpetrator will most likely face imprisonment, other instances of sexual abuse and assault are commonly charged as misdemeanors, allowing for a lesser punishment. This difference in describing a crime as a misdemeanor or a felony not only dictates the type of punishment for a perpetrator but will also create a specific statute of limitations based on the state’s code of regulations.

Rape, Abuse & Incest National Network (RAINN), the nation’s largest anti-sexual violence organization, created a database of the statutes of limitations for sexual abuse and assault for every state. Whether a crime is a misdemeanor or felony and whether there is a statute of limitations varies from state to state.

Before SB 21-073 and SB 21-088, Colorado law required the statute of limitations to be six years for bringing a civil claim based on sexual assault or offense against a child to court. Currently, Kentucky, Maryland, North Carolina, South Carolina, Virginia, West Virginia, and Wyoming are the only states that have no statute of limitations for any felony sex crime.

According to the RAINN database, before the passing of this law, Colorado had a statute of limitations for some of its felony sex crimes, even if DNA evidence of a suspect is recovered. California, in contrast, has abolished its statute of limitations for almost all felony-level sex crimes regardless of whether the victim chooses to report or not; for the small number of situations that do have a statute of limitation, they are extended for one year after DNA identifies a suspect.

Kate Mcphee became the first individual to file a lawsuit under the Child Sexual Abuse Accountability Act earlier this month. In her lawsuit, she claims to have been sexually assaulted by a teacher in 1977.