Steve Kady introduced our two speakers for today. Jessie Danielson is a Colorado State Senator representing District 20 in Jefferson County. Randy Kady is the son of Steve, who was a primary witness for a bill introduced by Senator Danielson.
Danielson is a resident of Wheat Ridge. She was born in Greeley and was raised on her family's farm near Ault, graduating from Highland High School. She is a graduate of the University of Colorado Boulder. Her work experience includes America Votes working on election strategy and public policy, NARAL Pro-Choice Colorado as Political Director, and an independent living center that assists the disabled in living independently.
Danielson is a former chair of the board of directors for Emerge Colorado and a former board member of both NARAL Pro-Choice Colorado and ProgressNow Colorado. She has served as a gubernatorial appointee on both the Colorado Commission on Aging and the Voter Access and Modernized Elections Commission.
Senator Danielson is a prime sponsor of SB21088 -Child Sexual Abuse Accountability Act concerning establishing a civil cause of action for sexual misconduct against a minor. The bill creates a statutory cause of action for a victim of sexual misconduct when the victim was a minor against the actor who committed the sexual misconduct and against an organization that operates or manages a youth program if the sexual misconduct occurred while the victim was participating in a youth program.
The victim may bring the claim against the organization if the organization knew or should have known of a risk of sexual misconduct against minors participating in the program and the organization did not take action to address the risks or warn participants of the risk. The victim may bring a claim against a public employee or public entity that operates a youth program, including an educational entity operating an educational program or a district preschool program.
The cause of action applies retroactively and is available to a victim of sexual misconduct that occurred before, on, or after January 1, 2022. A person may not waive the right to bring a civil action, and any purported waiver is void as against public policy.
A court or jury shall not allocate any damages awarded in the civil action in any proportion against the victim of the sexual misconduct. A victim may be awarded treble damages under certain circumstances.
In addition, Senator Danielson is prime sponsor of another, related bill - SB21-073 -Civil Action Statute of Limitations Sexual Assault - Concerning changing the statute of limitations applicable to civil actions alleging sexual misconduct for which the statute of limitations has not yet run as of January 1, 2022. Under existing law, the statute of limitations to bring a civil claim based on sexual assault or a sexual offense against a child is 6 years, but the statute is tolled when the victim is a person under disability or is in a special relationship with the perpetrator of the assault. The bill defines sexual misconduct and removes the limitation on bringing a civil claim based on sexual misconduct, including derivative claims and claims brought against a person or entity that is not the perpetrator of the sexual misconduct. The statutory period to commence a civil action described in the bill applies to a cause of action that accrues on or after January 1, 2022, or a cause of action accruing prior to January 1, 2022, so long as the applicable statute of limitations has not yet run as of January 1, 2022.
The bill removes the provision that a plaintiff who is a victim of a series of sexual assaults does not need to establish which act in the series caused the plaintiff's injuries.
Under existing law, the filing of a claim alleging sexual misconduct by a person under disability is deemed a limited waiver of the doctor- or psychologist-patient privilege. The bill eliminates the limited waiver.
Under existing law, a plaintiff who brings a civil action alleging sexual misconduct 15 years or more after the plaintiff turns 18 is limited to recovering only certain damages. The bill eliminates this restriction.
Under existing law, a victim who is a person under disability or is in a special relationship with the perpetrator of the assault may not bring an action against a defendant who is deceased or incapacitated. The bill eliminates this restriction.
Under existing law, a claim for negligence in the practice of medicine that is based on a sexual assault is exempt from the statute of limitations for claims involving sexual assault and instead is subject to the same limitation as any other claim for negligence in the practice of medicine. The bill removes this exemption.
Rand Kady Testifies before Senate Randy Kady (Credit CBS)
(Excerpt from article By Patty Nieberg | AP March 11, 2021)
Randy Kady says he was in first grade when his teacher began molesting him during class. Kady, now 54, says his teacher sat him on his lap to “look over” his work. The teacher slipped his hands down the 7-year-old’s pants while other students at his Aurora, Colorado, elementary school worked at their desks.
