Here Is What Is Happening In Colorado

Civil Statute of Limitations


Discovery Rule:  Yes
Limitations Period:  18 + 6 years
Tolling:  Yes
  • Delayed Tolling for Sexual Offenses Against Minors: 18 years old + 6 years. Colo. Rev. Stat. § 13-80-103.7. This extension does not apply to claims brought against a person other than the perpetrator of the sexual offense. See Sandoval v. Archdiocese of Denver, 8 P.3d 598 (Colo. App. 2009).

  • Age 18 years old + 15 years : Plaintiff may only recover damages for medical and counseling treatment and expenses, plus costs and attorney fees. Colo. Rev. Stat. §13-80-103.7(3.5(c)).

  • Vicarious Liability : 2 Years for vicarious liability. Colo. Rev. Stat. § 13-80-102(1)(a).

  • Discovery Rule: 6 years : State courts have read a discovery rule into the above statute, stating that a suppressed memory is a “disability” that triggers the 6-year statute of limitations only after the memory surfaces. Id. at 600.

Criminal Statute of Limitations
Limitations Period: None for felony child sex offenses
Age 18 + 10 years for non-felony child sexual offenses
5 years from the commission of the offense for misdemeanor sexual offenses
Tolling:  Yes - Age 18 (up to 5 years if accused is absent from state)
Exceptions  Yes
  • No Statute of Limitations for Felony Sexual Offenses Against a Child (Age Varies) : Colo. Rev. Stat. § 16-5-401(1).

    Most sexual offenses are felonies if committed against a child less than 15 years old, including various types of sexual assaults, §§ 18-3-402, -405, -405.3, as well as:
    • unlawful sexual contact, § 18-3-404
    • internet luring of a child, § 18-3-306(3),
    • internet sexual exploitation of a child, § 18-3-405.4.

  • Crimes related to child trafficking and prostitution are generally felonies if the victim is less than 18 years old. E.g. §§ 18-3-402 through -406.

  • Aggravated incest, for which the victim must be under 21 years old if a child of the actor or less than 10 years old for other relations, is also a felonious sexual offense. § 18-6-302.

  • No Discovery Rule : Sexual offenses are not included in the statutory list of offenses having a run-at-discovery SOL. See Colo. Rev. Stat. § 16-5-401(4.5).

  • Tolling : May be tolled for no more than 5 years if the accused is absent from the state § 16-5-401(2)

News Coverage
Date Title Author Source PDF
6/6/2002 How The National Conference Of Bishops' Proposal On Handling Child Abuse Should Be Changed: The Devil Is In The Details Marci Hamilton FindLaw

State Outreach Organizations
Survivors Network of those Abused by Priests: Colorado

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