Child sex assault amendment falls by one vote

An effort to amend the Colorado Constitution to allow the removal of the statute of limitations on childhood sexual assault cases failed along partisan lines Wednesday in the state Senate — falling one vote shy of the two-thirds requirement to put the measure on the ballot.

The resolution, supported by Democrats in the 23-12 vote, would have asked voters to allow future legislators to pass laws allowing civil lawsuits against childhood sexual abusers and institutions that protected them. Every Republican voted no on the measure, dooming the effort.

As it stands now, people who are 28 years or older cannot sue over the abuse they suffered as children, said prime sponsor Sen. Jessie Danielson, a Wheat Ridge Democrat. Most abuse survivors don’t come forward until their 50s, she said.

“Why should we create barriers for justice, for a child who has been sexually abused?” Sen. Rhonda Fields, an Aurora Democrat and fellow prime sponsor, said ahead of the final vote. “It makes no sense to me. We’re either for justice or we’re not. We either want to protect children or not.”

Immediately following the vote, Republican leadership issued a statement defending the caucus’ vote on grounds of protecting “principles of legal certainty and reliance, the principle of finality of litigation, and due process.” It also listed several other bills they’ve supported over the years against sexual abuse and human trafficking.

Danielson, in an afternoon statement, alleged that “Republicans have aligned themselves with child sex abusers and powerful institutions who protected predators.” She characterized the measure as one that would be uncontroversial with voters and said, “We are not done. We will win in the end.”