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Colorado Lawmakers Debate Government Immunity Caps For Institutions That Protect Child Rapists

(CBS4) - For the first time, survivors of child sexual assault in Colorado may be able sue institutions -- like the Catholic church and Boy Scouts -- that have protected their perpetrators. But, public and private entities would be treated differently under a new bill.

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While lawmakers removed the statute of limitations, this year, for child sex assault cases going forward, that didn't help those abused years ago. The constitution bars retroactive claims for existing laws so a new bill takes a new approach.

"We're talking about children who were raped while in care of an institution that actively covered it up," said state Sen. Jessie Danielson, a sponsor of the bill.

She says it's aimed at holding institutions that protect child rapists -- by turning a blind eye to repeated sexual abuse -- accountable by allowing survivors to sue if their abuse was the result of that cover up. But, while it waives government immunity for institutions like schools, it doesn't lift the cap on damages for public entities.

"The purpose for government immunity caps is to make sure that public funds are protected and to provide stable government services to the public," said Danielson.

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State Sen. Bob Gardner says there is one exception. He noted the new law enforcement accountability bill lifts the cap on damages for police.

"If you suffer a misfortune of a law enforcement officer violating your civil rights there won't be a cap, but if you're a child is a victim of sex assault by a school resource officer, there will be. If we are going to do this and if Senate Bill 88 is good policy, then it is good policy for everyone."

Democrats on the committee killed an amendment by Gardner that would have extended the cap on damages to nonprofits.

"I wasn't here today debating ins and outs of the police accountability bill. I was focused on holding child rapists accountable and institutions that covered it up, public or private," said Danielson.

The committee sent the bill to the Senate floor for debate on a party-line vote, with Democrats in favor and Republicans opposed.

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