Uncertainty lingers for Coloradans after controversial ruling on retroactive justice for child sex abuse survivors

Uncertainty lingers after controversial ruling on retroactive justice for child sex abuse survivors

Uncertainty lingers for many in Colorado after a controversial decision came down earlier this week.  

The Colorado Supreme Court struck down a 2021 law on Tuesday that allowed victims of child sexual abuse to file lawsuits against their abusers and the organizations that upheld the abuse, regardless of when it happened, bypassing the statute of limitations.

Jill Brogdon knows what it's like to harbor trauma inside for decades. Brogdon said she was trafficked by a teacher from age 12 to 18 and didn't try to pursue legal action until she was well into adulthood.

"I absolutely worry for victims coming forward," she said. "I think one of the most difficult challenges I faced is people saying, 'why did you wait so long to come forward' and the reason why is it takes a long time to be able to come forward with your story."

With this ruling, it's now going to be harder for anyone trying to get justice against their perpetrator. 

CBS

Childhood sexual abuse attorney, Zachery Warzel, said at least 90% of the firms cases would essentially be dismissed because of the ruling. 

Warzel said as of Wednesday, many of his clients had already called to see what's next steps can be taken.

"I would say by in large people who were abused decades ago and become adults decades ago, their claims are going to face of uphill battle," he said. "I think it's the end of the road for a lot of these people, but were not going to give up on fighting this."

Many advocates like Warzel and Randy Kady, a survivor, said the next step would be to take this to the ballot box to have voters decide on whether to make it a constitutional amendment.

"The pain is real and it's going to be with us forever and we need to do something about it," Kady said.

Advocates don't want victims to lose hope. They told CBS News Colorado while getting legal justice is limited for many right now, there are still resources to find justice and healing when it comes to the trauma. 

Some local organizations helping are the CCASA—The Colorado Coalition Against Sexual Assault or the Wings Foundation, among several others. 

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