Clergy Abuse in Colorado

Colorado Clergy Abuse Lawsuits

In the last decade, reports of clergy abuse have been documented in every state in the country. Prosecutors have launched investigations into the systemic sexual abuse in the Catholic Church. Lawmakers in several states broadened the legal rights of victims through legislation. And, survivors of abuse are taking legal action against their abusers and the organizations that hid the abuse.

The Colorado priest abuse report was the first step for the state to address decades of abuse. However, due to current state laws, the majority of victims abused by a clergy member in Colorado are unable to file a civil lawsuit. These cases date back decades and are thus time-barred from the civil legal process. However, recent legislation has expanded the timeframe for victims to file criminal cases.

Victim advocates are fighting for additional legislative changes to expand these legal deadlines. Several states have done so in the last few years. Such changes would grant more time for survivors of childhood sexual abuse to process their trauma and seek justice in court.

Colorado Sexual Assault Legislation

In recent years, Colorado lawmakers have passed two bills that benefit victims of sexual assault.

2016 | HB-1260

HB 16-1260 extends the legal deadline to press criminal charges of sexual assault from 10 years to 20 years.

2019 | HB-1030

HB 19-1030 “creates the crime of unlawful electronic sexual communication,” with minors.

The Need for Amended Child Sexual Abuse Laws in Colorado

Although these two bills expand a victim’s rights, many advocates believe these laws don’t do enough. Survivors of child sexual abuse still have limited options when it comes to pursuing civil claims in Colorado.

Currently, survivors have just six years after they reach 18 years of age to file a civil lawsuit against their abuser. For many survivors of child sexual abuse, it can take decades to process the trauma and find the courage to face their abuser in a courtroom. The current laws don’t take this into account.

On February 12, 2020, Colorado state lawmakers proposed House Bill 1296 (HB 1296) to address the deficiencies in the current laws. Among other important provisions, HB 1296 would have eliminated the statute of limitations for survivors of sexual assault to file civil lawsuits against their abuser.

However, unlike similar legislation passed in other states, HB 1296 would not have applied retroactively to expired cases. Some lawmakers believe a retroactive provision would violate Colorado’s state constitution.

The lack of retroactive measures was widely debated and criticized by many victim advocates. In June 2020, one of the lead sponsors of the bill, state Senator Julie Gonzales, asked for the bill to be rejected. Gonzales hopes to propose a future bill that will retroactively help survivors of sexual assault with expired cases.

What Is the Statute of Limitations on Priest Sexual Abuse in Colorado?

When taking any legal action against an abuser, a victim must follow the statute of limitations related to the crime.

The legal deadline a survivor must follow will differ depending on whether the survivor is pressing criminal charges or filing a civil lawsuit.

Criminal Charges

There are two types of criminal charges a victim may bring against an abuser. Depending on the severity of the crime, sexual assault may be considered a felony or a misdemeanor. In Colorado, there is a different legal deadline for felony charges versus misdemeanor charges.

Felony – In Colorado, felony charges of sexual assault must be filed within 20 years of the crime. If a victim was younger than 18 and older than 14 at the time of the abuse, the victim has 20 years to press charges after he or she turns 18 years of age.

Misdemeanor – In Colorado, misdemeanor charges of sexual assault must be filed against an abuser within five years of the crime.

Learn more about the criminal statutes of limitations in Colorado here.

Civil Lawsuit

According to current Colorado law, a survivor of sexual assault has six years to file a civil claim against his or her abuser. A survivor of child sexual assault must file a civil claim within six years after he or she has reached the age of 18.

Clergy Abuse Settlements in Colorado

There are more than 40 priests accused of abuse in Colorado. According to the investigation’s resulting report, 166 children were the victims of sexual abuse by these priests. This high number of victims has led to a large number of lawsuits. To avoid lengthy and costly trials, the Catholic Dioceses of Colorado has settled many of these priest abuse cases.

By July 2008, the Denver Archdiocese settled 43 claims against just three abusive priests. The archdiocese paid more than $8.2 million to settle all the claims.

Colorado Independent Reconciliation and Reparations Program

In 2019, the Colorado Dioceses and the state attorney general’s office created the Colorado Independent Reconciliation and Reparations Program (IRRP). The priest abuse reparations program established a fund to pay compensation to priest abuse victims. If a survivor of abuse chooses to accept the money offered through the IRRP, he or she forgoes any future rights to sue the dioceses.

For some victims, the IRRP offers several important benefits:

• The IRRP is voluntary, and a survivor of abuse can refuse the compensation offered.
• The IRRP is controlled by third-party administrators, not the responsible diocese.
• The IRRP pays compensation within two weeks after a claim is deemed “eligible.” For many victims, this can be more convenient compared to lengthy, costly legal battles.

Critics of the program observed several drawbacks:

• The compensation amount awarded through similar programs is generally less than an applicant could win through a lawsuit.
• Because compensation is paid privately through the fund, the Colorado Dioceses avoid negative publicity that could occur during a trial.
• To be eligible for the program, a victim had to be abused by a clergy member in the Colorado Dioceses. A victim abused by a member of a “religious order, clergy of another diocese or lay persons” cannot file a compensation claim through the IRRP. However, these victims could still file a lawsuit if the legal deadline has not expired.

The program opened on October 7, 2019. The program sent applications to 65 victims with prior abuse allegations against the dioceses. Those who had not previously reported their abuse had to register for the program by November 30, 2019. All claims had to be submitted by January 31, 2020.

In total, 87 people filed claims with the IRRP. As of February 2020, the fund has distributed a total of $1.2 million to 10 applicants.