Child sex abuse victims know there should be no time limit for justice in civil cases

Deep within our society, a heinous crime thrives — child sexual abuse.

Victims carry an unbearable burden, a soul-scarring violation of innocence and trust. As a survivor of human trafficking and child sexual abuse by a teacher at Denver Public Schools in the 1970s, I’m sharing my story to seek support for a bill that would ask voters to remove the statute of limitations for civil lawsuits brought against rapists and pedophiles.

My journey is one of lifelong struggles directly related to the complex trauma from the intricate web of abuse I once endured in silence. Seeking justice in 2021 only brought forth further trauma. I and other child sexual abuse survivors were given false hope that our voices were finally being heard, only to have the door slammed in our faces once again when Colorado’s Supreme Court struck down a law that gave victims a three-year window to sue over abuses.

Now Colorado voters could have the final say. Senate Concurrent Resolution 1 would send a measure to Colorado voters this November asking whether to amend the Colorado Constitution to eliminate the statute of limitations for the claims of child sexual assault victims. If passed, the amendment would allow survivors of child sexual abuse to pursue legal action against their abusers and any institution complicit in the abuse.

We have been stifled by time constraints and legal complexities for decades, allowing perpetrators to repeatedly escape accountability and continue to assault victims, knowing that the law is protecting them. And now the amendment is at risk of failing.

Some legislators are playing politics, and are claiming false contentions if the resolution were to pass. They argue that businesses, schools and churches would be forced to shut down, and our courts would be overwhelmed with new cases. There is zero evidence of these claims in the 30 other states that have passed retroactive laws like this one, and businesses that follow child protection protocols have nothing to fear.

Furthermore, less than .002% of the population filed claims in most of the states that have passed a retroactive law like this one. In fact, 30 jurisdictions have passed retroactive legislation for child sexual abuse claims, and 20 jurisdictions have eliminated the statutes of limitations for child sexual abuse.

The limitations in Colorado laws have historically favored abusers, neglecting survivors’ trauma and hindering justice. This amendment strives to change the narrative, to provide a legal platform of accountability that transcends the rigidity of time. It does not merely seek retribution; it aims to shift the burden of proof from the shoulders of broken victims to the feet of the culpable institutions.

In doing so, it not only paves the way for personal closure but also harbors the hope of systemic reform. It is a voice for the voiceless and a step towards the eradication of abuse. My question is, and always has been, why would anyone deny a child victim justice against their abuser — regardless of how many years have passed?

I urge the Colorado General Assembly to pass this resolution and give my fellow Coloradans the opportunity to vote for justice. The Child Sexual Abuse Accountability Amendment is a beacon of hope and a call to protect children. Many predators are still out there. It is time to unite to eradicate child sexual abuse and invest in our collective safety.

SCR 1 is not an isolated call for amends; it is a resounding testament to our collective commitment to root-out this plague, to empower survivors with the tools of retribution and restoration. This is more than a legal amendment; it is the embodiment of our social responsibility and moral obligation.

This amendment is an act of defiance — a statement from our society to the predators — that their crimes will not languish unpunished. It is a vow, a solemn promise from the community to the survivors, that their torment will not echo in vain. Together, we must push for the passage of SCR 1, for it is our collective duty — a duty we owe our children — to erase the lines that demarcate the limits of justice and to weave a future where no innocent soul is forsaken to the shadows of abuse. Our legacy to children must be protection, and our promise to survivors must be unfaltering support.

The state legislature must support this amendment; it is imperative for healing, and for justice, and for shielding our most vulnerable population. In this pursuit, we do not advocate for ourselves alone, but for a generation that is counting on us to create a world where victims of child sexual abuse and human trafficking have the opportunity to seek justice and add this critical layer of healing to their lives. We must not continue to rob them of their rights.

Jill Brogdon is a survivor of sex trafficking who was appointed by Gov. Jared Polis to the Colorado Human Trafficking Council in 2015 and served as vice-chair.