Colorado bill would allow civil action on past sexual abuse

DENVER  |  Randy Kady says he was in first grade when his teacher began molesting him during class.

Kady, now 54, says his teacher sat him on his lap to “look over” his work. The teacher slipped his hands down the 7-year-old’s pants while other students at his Aurora, Colorado, elementary school worked at their desks.

Kady remains frustrated that no one told him his rights as a child and that he could’ve sought criminal charges against the teacher for the abuse that led him to have anxiety and trust issues as an adult. But under a new legislative proposal that Colorado lawmakers are scheduled to discuss Thursday, Kady would be able to file a civil lawsuit against the teacher and the school to seek some form of reparations even though the alleged events occurred more than 40 years ago.

“My parents taught me that ‘stranger danger’ was a man in a van trying to get me in his van with candy, so to think of my own teacher as a monster was not something that was even a concept to me,” Kady told The Associated Press in an interview.

Democratic state Sen. Jessie Danielson sponsored the bill which would allow child sexual assault survivors to file civil lawsuits against perpetrators no matter how much time has passed since the alleged abuse.

The bill’s goal to eliminate the statute of limitations for sexual assault victims is part of a nationwide push to reassess laws governing the topic. Many states in the last 10 to 15 years have overhauled criminal and civil statutes of limitations, but only a handful, such as California, Delaware, Hawaii and Minnesota, have created “lookback windows” for lawsuits — meaning previous statutes will not apply to victims coming forward with past sexual assault cases.

In Colorado, the statute of limitations currently allows victims six years after they turn 18 to bring any legal action.

The bill being debated Thursday would allow victims to bring action against youth organizations and public entities if the misconduct occurred while the child was under their supervision. It also aims to override state laws prohibiting such actions against public employees and public organizations. Claims could be made against an entity if officials knew about sexual misconduct against minors and no action was taken.

Kady plans to testify Thursday in support of the bill. He said that while it won’t stop sexual molestation from happening, he believes it will create more accountability for institutions faced with the possibility of paying millions of dollars in damages.

He added: “A lot of companies, a lot of organizations, the bottom line is money. And if their bottom line is hurt then they’re gone. You gotta hit them where they hurt.”

Multiple parents complained to the principal about Kady’s teacher’s behavior but the principal and assistant superintendent told parents they were not going to involve the police, Kady said. The teacher was allowed to resign for “personal reasons” and promised he’d seek medical help, according to Kady.

Though Kady didn’t report the abuse, one parent did and the teacher pleaded guilty to one count of sexual abuse. His sentence was suspended and he was given three years of probation under the condition that he would seek mental health treatment, according to court records.

As an adult, Kady says he still has issues with people in positions of power because of the childhood incident. It also made him overprotective of his own children.

“This is something that I have to live with for an entire lifetime,” Kady said. “I have to live with it till the day I die.”

___

Nieberg is a corps member for the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.

 

0 0 vote
Article Rating
Subscribe
Notify of
guest
1 Comment
Oldest
Newest Most Voted
Inline Feedbacks
View all comments
Dennis Duffy
Dennis Duffy
2 months ago

I see another repressed memory boondoggle here. Just another feel good law, meaningless but supportive of meaningless people. I am a victim of sexual assault but you know what? I did not let it define me or control my destiny, this law is a can of worms and may very well be punitive to innocent people, how does one defend oneself from a 30 year old charge of sexual assault anyway? Sorry your life sucks ,let’s blame someone else, ……