Colorado lawmaker explores amendment after child sex abuse law ruled unconstitutional
Colorado's Child Sexual Abuse Accountability Act may get a second chance, as lawmakers float the idea of a constitutional amendment.
The law was passed in 2021 before being ruled unconstitutional in June of this year. It created a path for child sex abuse survivors to sue their abusers and the organizations that shielded them, even after the statute of limitations was up. But in June, the state supreme court struck that law down, citing the constitution's ban on retroactive justice.
"Let's just say it the way it was, these people were raped as children," child sex assault survivor Ray Desser said. "This is about getting those perpetrators who are still in our communities off the street."
When CBS News Colorado last spoke with Desser, he wasn't giving up on justice for other survivors.
"If I got to go door-to-door to get signatures, I'll do it. I'm not done. And as long as there's a breath in me, trust me this will get fixed," Desser told CBS News Colorado when the law was struck down in June.
Desser won't have to do that, thanks to state Sen. Jessie Danielson.
"Why should we place the burden further on these survivors? When the legislature has the right, the power, and I feel, the obligation to do this for them," Danielson said.
Danielson sponsored the original bill. Now that it's been ruled unconstitutional, she wants to take a different route to get protections passed. By introducing a referred measure to change the constitution.
"Does the state of Colorado need to change this provision to allow for these survivors of childhood sexual abuse to move forward with a claim and hold those predators and the institutions that shielded them accountable for this kind of abuse?" Danielson said.
If the measure passes both the state House and Senate with a two-thirds majority, the question would be put to voters on the November 2024 ballot. Exactly where Desser wants it.
"I'm excited that we get the opportunity to put this to where I always dreamed it would be," Desser said. "Let the voters decide on how they wanna go on this. And I think if we polled ten people, they would say 'you're right, they need to be held accountable, we need to get these perpetrators off the street.'"
This measure is in the very early stages, Danielson wants to have it ready when the legislature convenes in January and introduce it in her first five bills of next year. She's working on the measure along with House Majority Leader Monica Duran, Rep. Dafna Michaelson Jenet and Sen. Rhonda Fields.
Danielson wants to keep this measure narrow in scope so it would only target the provision that prevents these survivors from getting justice.
