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  1. #1
    Join Date
    Feb 2008
    Posts
    2

    Question Statute Of Limitations In Colorado For Rape

    I cannot findinfo on the s.o.l. in Colorado for rape even though I Googled it well . This event occurred in 2003. I am thinking maybe it is too late. There are other quirks about this case that I have questions about, including restitution for theft/robbery. Plus, this entire offence occurred in several counties, ending in my home. The city officials that I dealt with gave me run-around info and no straight answers , and I would like some clarity. But to begin this thread, we can start with the s.o.l.

    I don't know how to ask further questions without revealing specifics of the case, but if I did reveal them, I would not believe myself to be in any danger, as I doubt my assailants have access to the internet. Last I knew they were incarcerated. And last I heard from the city/county officials about my case, as soon as they get out and are working, their pay will be garnished for restitution.

    So do I have a leg to stand on here as far as recieving restitution?
    If you need to know more, please let me know and I will type a concise order of events about this assault/event.

    I find it difficult to believe that as much as happened to me, I have fallen between the cracks with no one to minister justice on my behalf.

    Thank you for your time.

  2. #2
    Join Date
    Feb 2007
    Posts
    2,032

    Default Re: Statute Of Limitations In Colorado For Rape

    Were your assailants convicted for raping you?

    Are you looking for civil or criminal SOL?

  3. #3
    Join Date
    Aug 2007
    Location
    Texas/Tejas
    Posts
    1,878

    Default Re: Statute Of Limitations In Colorado For Rape

    http://www.ndaa.org/pdf/sexual_assault_statutes.pdf There is a 10 year s.o.l. on rape. However, if the assailants were already convicted of raping you, then you will not be able to re-open the case.

    The s.o.l. for a civil case has probably already expired. I can't be sure though...

  4. #4
    Join Date
    Aug 2007
    Posts
    3,837

    Default Re: Statute Of Limitations In Colorado For Rape

    Quote Quoting blueeagle
    View Post
    http://www.ndaa.org/pdf/sexual_assault_statutes.pdf There is a 10 year s.o.l. on rape. However, if the assailants were already convicted of raping you, then you will not be able to re-open the case.

    The s.o.l. for a civil case has probably already expired. I can't be sure though...

    Blue, here are the "exceptions" to the (8)(a) criminal SOL per your link. I always like to go right to the applicable code to verify it, some websites do not keep up to date or provide the whole chapter/sections.

    16-5-401. Limitation for commencing criminal proceedings and juvenile delinquency proceedings.

    (1) (a) Except as otherwise provided by statute applicable to specific offenses, delinquent acts, or circumstances, no adult person or juvenile shall be prosecuted, tried, or punished for any offense or delinquent act unless the indictment, information, complaint, or petition in delinquency is filed in a court of competent jurisdiction or a summons and complaint or penalty assessment notice is served upon the defendant or juvenile within the period of time after the commission of the offense or delinquent act as specified below:

    Murder, kidnapping, treason, any sex offense against a child,
    and any forgery regardless of the penalty provided: No limit


    Attempt, conspiracy, or solicitation to commit murder;
    attempt, conspiracy, or solicitation to commit kidnapping;
    attempt, conspiracy, or solicitation to commit treason;
    attempt, conspiracy, or solicitation to commit any sex offense
    against a child; and attempt, conspiracy, or solicitation
    to commit any forgery regardless of the penalty provided: No limit

    Other felonies: Three years
    Misdemeanors: Eighteen months
    Class 1 and 2 misdemeanor traffic offenses: One year
    Petty offenses: Six months



    If she was a child when assaulted, as defined in the section, there is NO criminal SOL for child sexual assault.

    As BSG inquires though, and when the poster responds, we will see if she needs a civil sol. The poster states they are in jail, but does not indicate if it was for the rape conviction or some unrelated crimes?

    If she was a juvenile/child it may affect the civil SOL as opposed to being assaulted when an adult and then filing a civil suit?

  5. #5

    Default Re: Statute Of Limitations In Colorado For Rape

    For civil action in Colorado in cases of sexual assault against a minor:

    Colo. Rev. Stat. Ann. 13-80-103.7

    Claims can be filed within 6 years of reaching the age of majority or 6 years of the removal of a disability as defined by the statute.

    Subsequent court opinions have established that the Colorado SOL is a "realization" statute (the 6-year period does not begin to run until the victim comes to a realization that not only was he or she abused, but that he or she has become injured as a result of the abuse). A survivor is disabled under the statute if he or she is unable to acknowledge the abuse or the injury.

    Damages are limited by statute to medical and counseling costs for claims brought more than 15 years after the age of majority.
    Catherine NeSmith
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