Home / Legal Reference...

Statutes of Limitations: Sexual Assault or Sexual offense Against a Child

Please Read our General Disclaimer and Statute of Limitations Disclaimer.

Notwithstanding any other statute of limitations specified, or any other provision of law that can be construed to reduce the statutory period set forth, any civil action based on a sexual assault or a sexual offense against a child shall be commenced within six years after a disability has been removed for a person under disability¹ or within six years after a cause of action accrues, whichever occurs later, and not thereafter.² Nothing shall be construed to extend the statutory period with respect to vicarious liability.

If the plaintiff brings a civil action fifteen years or more after the plaintiff attains the age of eighteen, the plaintiff may only recover damages for medical and counseling treatment and expenses, plus costs and attorney fees.³

An action may not be brought if the defendant is deceased or is incapacitated to the extent that the defendant is incapable of rendering a defense to the action.⁴

Nothing shall be construed to extend or suspend the statute of limitations or statute of repose applicable to a claim alleging negligence in the course of providing professional services in the practice of medicine. Further it shall not be construed to preclude pursuing a civil action alleging a sexual offense based on a legal theory other than negligence in the course of providing professional services in the practice of medicine, unless the sexual assault forms the basis for a claim of such negligence.⁵

¹ For the purpose of this section “person under disability” means any person who is a minor under eighteen years of age, a mental incompetent, or a person under other legal disability who does not have a legal guardian. “Person under disability” also includes a victim of a sexual assault when the victim is in a special relationship with the perpetrator of the assault or is a victim of a sexual offense against a child or is a victim who is residing in a an institutional facility, such as a nursing home, regional center, or residential facility for the treatment and care of persons with mental illness or for the care of persons with developmental disabilities and where the victim is psychologically or emotionally unable to acknowledge the assault or offense and the harm resulting therefrom. “Special relationship” means a relationship between the victim and the perpetrator of the sexual assault which is confidential, trust-based relationship, such as attorney-client, doctor-patient, psychotherapist-patient, minister-parishioner, teacher-student, or familial relationship. C.R.S. 13-80-103.7(3.5)(a), 2002. Back
² See C.R.S. 13-80-103.7, 2002. Back
³ C.R.S. 13-80-103.7(3.5)(c), 2002. Back
⁴ C.R.S. 13-80-103.7(3.7), 2002. Back
⁵ C.R.S. 13-80-103.7(5), 2002. Back