Sexual Assault and Abuse Civil Claims in Colorado Springs

A civil claim is separate from any criminal case. It is brought by the survivor, not the state, and it seeks compensation from the person responsible, and often from an organization that could have prevented the abuse. You decide whether to pursue it, and you can talk with us confidentially before deciding anything.

Civil and criminal cases are separate

A civil claim doesn’t depend on whether the abuse was reported to police, whether charges were filed, or how a criminal case ended. The standard of proof is lower in a civil case. A survivor can pursue a civil claim whether or not there is a criminal case.

Who can be responsible

The person who committed the abuse is responsible. So may be an organization that employed, supervised, or gave that person access, if it knew or should have known of the danger and failed to act: a school, church, youth program, employer, medical practice, or care facility. A property owner whose inadequate security made an assault possible may also be responsible; see negligent security. Claims against institutions are often the ones that can actually compensate a survivor.

Claims against public schools and other government entities involve different rules and notice requirements, which need to be assessed early.

Deadlines

In 2021 Colorado removed the time limit for civil claims based on sexual misconduct that arise on or after January 1, 2022. Claims that arose earlier but had not yet expired by that date are covered too. Claims that had already expired before 2022 generally can’t be revived: in 2023 the Colorado Supreme Court held that a law creating a new claim for older childhood abuse could not apply to conduct whose claims were already time-barred.

Whether a particular claim is timely depends on when the abuse happened, the survivor’s age, and who the claim is against. That is worth a confidential conversation even if you believe too much time has passed.

Confidentiality and control

Survivors often worry about their name becoming public and about being made to retell what happened. Courts can allow a survivor to proceed under a pseudonym in appropriate cases, and many claims resolve without a public trial. You decide how far to go, and you can stop.

How we handle these claims

We listen first, explain options plainly, and don’t pressure anyone into a decision. We investigate the institutions involved, gather records, and handle communications with the other side so survivors don’t have to. We work alongside therapists and advocates where a survivor has them.