Opinion: Colorado voters should have the chance to give child sexual abuse victims a greater voice
Opinion: Colorado voters should have the chance to give child sexual abuse victims a greater voice The Colorado Sun
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In November, Colorado voters will have a voice in saving children from sexual predators and those who harbor them.
Coloradans will be able to do more than watch stories about the frightening epidemic of child sexual abuse; they can be part of the solution by using their voice at the ballot box to benefit children.
The Child Sexual Abuse Accountability Act (SCR 24-001)
The Child Sexual Abuse Accountability Act (SCR 24-001) will allow voters to make a small and narrow change to Colorado’s Constitution that will give the General Assembly the authority to pass retroactive laws for claims of child sexual abuse. Colorado’s Constitution framers did not know about the epidemic of child sexual abuse. They did not know about the science of trauma or delayed disclosure. They did not know that when a child is sexually assaulted, the predator takes more than the child’s innocence; they take the child’s voice, often for decades, and sometimes for a lifetime.
The amendment is simple in text but substantial in safeguarding children. Yet false contentions abound. The arguments against the Child Sexual Abuse Accountability Act are unfounded and spurious.
- Businesses will shut down.
- False. There is absolutely no reliable data on zero evidence of this. Moreover, businesses that follow sound child protection procedures and protocols have nothing to fear. Also, Chapter 11 of the U.S. Bankruptcy Code is a voluntary process that allows a business to reorganize and stay in business. What many may find surprising is that there is absolutely no requirement for insolvency under the code. The process protects businesses, not children.
- True, we do have criminal laws for child sex crimes, but they are ineffective and limited. About 10% of sexual assault crimes move forward to prosecution, and even fewer result in convictions. The burden of proof is considerably higher — beyond a reasonable doubt. District attorneys have broad discretion on whether to move forward, victims have no power and little voice. Predators and bad acting institutions sidestep the criminal justice system.
- Nope. CHILD USAdvocacy and CHILD USA have gathered data from several states that have passed retroactive laws. Overall, less than 0.002% of the population file claims. There was no mass rush to the courts.
- True. Yet, they are arbitrary time limits created by the legislature. More importantly, their underlying purpose does not make sense for child sexual abuse claims. These are not your typical tort claims of slip-and-fall or fender-bender actions. We are, after all, talking about the rape, sodomy and sexual assault of children.
- I believe in due process. However, due process is not an absolute right. States may consider compelling interests — like the safety of its children. Any potential for unfairness is met with the safety nets in place for all claims — the rules of civil procedure and the rules of evidence. Plaintiffs must prove their cases, and attorneys will not take weak cases.
The arguments against this amendment are flawed, which is why lawmakers across the country and in Congress are passing reform laws for child sex abuse cases.
Retroactive laws for child sexual abuse
There is a national movement to reform laws relative to child sex abuse. Presently, 30 jurisdictions have passed retroactive legislation for child sexual abuse claims, and 20 jurisdictions, including the federal government, have eliminated the statutes of limitations for child sexual abuse.
Benefits of retroactive laws
Retroactive laws do much more than give victims an opportunity for accountability and justice. They protect children. When we remove the arbitrary defense of the statue of limitations for sexual predators, we do three things: We protect children by exposing hidden sexual predators and bad-acting institutions; we shift the enormous cost of child sexual abuse away from victims and taxpayers; and we prevent further abuse by educating the public so parents and grandparents can make informed decisions about the safety of their children.
Public support for the amendment
The Rocky Mountaineer conducted a poll in January, asking two questions relative to this legislation. The results showed that 84% of voters favor this amendment, and 61% said they would be less likely to reelect a state legislator who voted against this amendment, allowing victims to sue their abuser.
Let the people vote
It is bad enough that predators and other bad actors snatch the voices of young children. Let’s not let the General Assembly take away the people’s voice to weigh in on this public health crisis.
Kathryn Robb is the executive director of the national nonprofit CHILD USAdvocacy and is a lawyer who has been working to pass meaningful child sex abuse legislation across the country for nearly 20 years.
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Type of Story: Opinion
Advocates for ideas and draws conclusions based on the author/producer’s interpretation of facts and data.
SDGs, Targets, and Indicators
1. Which SDGs are addressed or connected to the issues highlighted in the article?
- SDG 5: Gender Equality – The article discusses child sexual abuse, which disproportionately affects girls and perpetuates gender inequality.
- SDG 16: Peace, Justice, and Strong Institutions – The article highlights the need for accountability and justice for child sexual abuse victims.
2. What specific targets under those SDGs can be identified based on the article’s content?
- SDG 5.2: Eliminate all forms of violence against all women and girls – The article addresses the issue of child sexual abuse, which is a form of violence against girls.
- SDG 16.2: End abuse, exploitation, trafficking, and all forms of violence against and torture of children – The article advocates for passing retroactive laws to hold perpetrators of child sexual abuse accountable.
3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?
- No specific indicators are mentioned in the article. However, potential indicators could include the number of retroactive laws passed for child sexual abuse cases, conviction rates for child sex crimes, and public opinion polls on support for accountability measures.
Table: SDGs, Targets, and Indicators
| SDGs | Targets | Indicators |
|---|---|---|
| SDG 5: Gender Equality | 5.2: Eliminate all forms of violence against all women and girls | No specific indicators mentioned in the article |
| SDG 16: Peace, Justice, and Strong Institutions | 16.2: End abuse, exploitation, trafficking, and all forms of violence against and torture of children | No specific indicators mentioned in the article |
Behold! This splendid article springs forth from the wellspring of knowledge, shaped by a wondrous proprietary AI technology that delved into a vast ocean of data, illuminating the path towards the Sustainable Development Goals. Remember that all rights are reserved by SDG Investors LLC, empowering us to champion progress together.
Source: coloradosun.com
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