Klein Frank, P.C. can help survivors of sexual assault and sexual abuse pursue civil legal action against their abusers. This is important because enduring sexual assault, rape, and other forms of sexual abuse can have lingering impacts that persist for a lifetime. If you are a survivor of such abuse, our attorneys have what it takes to hold responsible parties accountable for their actions and decisions.
Each client we work with can expect a personalized approach to their case. This means we’ll learn as much about you and your claim as possible during a thorough investigation. We’ll help you address your hopes and concerns with your claim and help you fight for the best possible outcome. In successful actions, this can include monetary damages and other forms of legal relief.
Recoverable Damages in a Civil Sexual Assault Case
Colorado law permits victims of crimes, including sex crimes, to seek damages for their losses through civil lawsuits. This means that if you are a survivor of sexual assault, rape, or another form of sexual abuse, you can file a lawsuit seeking damages against your abuser, whether or not they were criminally charged or convicted.
Recoverable damages include the following:
- Medical bills
- Lost wages
- Loss of earning capacity
- Damage to property
- Pain and suffering
You can win monetary awards that account for these factors, but it takes a skilled sexual assault attorney in Boulder to prevail. While no attorney can guarantee results, we are confident that our personalized approach helps our clients increase their odds of success.
What If My Abuser Wasn’t Criminally Charged or Convicted?
It’s possible to win monetary damages in a civil lawsuit against an abuser even if they weren’t criminally charged or convicted. It’s also possible to pursue legal action against organizations and institutions responsible for facilitating sexual abuse or covering it up, even if a criminal prosecution against defendants was unsuccessful.
That said, there’s no guarantee of success for any given civil action – even if the abuser was charged and convicted of a crime associated with a claim.
How Long Do Sexual Assault Survivors Have to File a Claim?
Until recently, sexual assault survivors in Colorado – even those who were children at the time – had only six years from their 18th birthdays to sue their abusers.
A new law, however, has changed the status quo and opened the door for child sexual assault survivors to hold their abusers accountable indefinitely. Another proposed law would allow anyone to pursue legal action against sexual abusers from any time in the past.
Senate Bill 73
Signed into law on April 15, 2021, Senate Bill 73 provides Colorado residents who survived sexual assault and other sex crimes as children with an unlimited amount of time to sue their abusers. The new law applies to cases where the victim was not yet 24 years old by Jan. 1, 2022, as well as any that occur at any time after that date. This effectively abolishes the statute of limitations on civil actions concerning sexual assault and sexual abuse that occur after Jan. 1, 2022.
Not only will survivors be able to sue the individuals directly responsible for abuse, but they will also be able to hold entities such as churches, school districts, and youth organizations accountable for an indefinite period of time.
Senate Bill 88
While not yet passed as of early June 2021, the Colorado General Assembly is working on a bill that would allow those who survived sexual assault or abuse to hold their abusers accountable, even if the statute of limitations lapsed decades ago. Like Senate Bill 73, Senate Bill 88 would also permit survivors to sue the institutions or organizations that facilitated or covered up abuse.
The law would make it easier for plaintiffs like our clients in a high-profile Catholic clergy sexual abuse case to hold their abusers accountable. Our clients accuse Brother William Mueller, a music and religion teacher at Roncalli High School in Pueblo Colorado while it was open from 1966-1971, of subduing them with ether under the guise of conducting psychological experiments. While they were helpless, the men contend they were assaulted.
While Senate Bill 88 is unlikely to have any bearing on this ongoing legal action, it would help people like our clients pursue their alleged abusers and hold them accountable in a court of law.
Contact Us Today for a Free Consultation!
Klein Frank, P.C. proudly offers potential clients a risk-free opportunity to evaluate their claims. If we think we can help you recover damages against someone responsible for sexual abuse against you, we’ll let you know at no cost to you.
To arrange your free initial consultation, please reach out to our sexual assault attorneys in Boulder by contacting us online!