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  Sex-Abuse Bill Finalized
Key Change Aims to Bar Suits Based on False Claims

By Mark P. Couch
Denver Post
May 3, 2006

http://www.denverpost.com/news/ci_3777597

Colorado lawmakers on Tuesday made their final tweaks in a bill that would give victims of childhood sex abuse more time to file lawsuits against entities that employed the abusers.

The bill now goes back to the House and Senate. If the changes are approved by both chambers, the bill will go to Gov. Bill Owens, who has not said whether he will sign it.

A special conference committee of three senators and three representatives - four Democrats and two Republicans - made two key changes to House Bill 1090.

The primary change would require alleged victims to get a "certificate of merit" before they could pursue a lawsuit against a church, school or other entity that employed their abuser.

That means a person bringing an old lawsuit would have to be interviewed by a psychologist, a psychiatrist or a social worker to make sure they exhibit symptoms of childhood sexual abuse.

In addition, the committee added a clause that would ensure that parts of the bill would remain law if any provision is found to be unconstitutional.

Rep. Gwyn Green, D-Golden, sponsor of the bill, said the changes should address the concerns of opponents, particularly those who are worried it could prompt a flurry of lawsuits based on false claims.

Green's original bill would have

lifted the time limits in future cases, but it was amended in the Senate so that victims would have 35 years after turning 18 to file a lawsuit. It would also open a one-year window in the existing statute of limitations to allow for cases dating back to 1971.

"I think that is how we protect children today," Green said, referring to the window for past cases.

Sen. Shawn Mitchell, R- Broom field, said opening the door for more lawsuits is not the most direct way to protect children from pedophiles.

"The fallacy is that the best or only way to give notice, at least to the current generation, is to commence some legal action for past wrong," Mitchell said. "There is direct communication. There is notification. There are all kinds of things."

Staff writer Mark P. Couch can be reached at 303-820-1794 or mcouch@denverpost.com.

 
 

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