[ Editor’s note: This section is effective January 1, 2022. ] As used in this part 12, unless the context otherwise requires: “Actor” means a person accused of committing sexual misconduct. “Agent” means a person who, subject to the control of another person or organization, acts for, or on behalf of, the other person or […]
[ Editor’s note: This section is effective January 1, 2022.] A person who is a victim of sexual misconduct that occurred when the victim was a minor may bring a civil action for damages against: An actor who committed the sexual misconduct; and A managing organization that knew or should have known that an actor […]
[ Editor’s note: This section is effective January 1, 2022.] Notwithstanding any other provision of law, a person who was the victim of sexual misconduct that occurred when the victim was a minor and that occurred on or after January 1, 2022, may bring an action pursuant to this part 12 at any time without […]
[ Editor’s note: This section is effective January 1, 2022. ] Any pre-incident waiver, either for consideration or gratuitously, of a person’s right to bring an action pursuant to this part 12 is void as against public policy. Source: L. 2021: Entire part added, (SB 21-088), ch. 442, p. 2926, § 2, effective January 1, […]
[ Editor’s note: This section is effective January 1, 2022.] Notwithstanding sections 13-21-111 and 13-21-111.5, a court or jury shall not allocate any damages awarded in an action brought pursuant to this part 12 in any proportion against a victim of sexual misconduct. Notwithstanding section 13-21-101, prejudgment interest on a claim brought pursuant to this […]
[ Editor’s note: This section is effective January 1, 2022. ] Section 13-17-201, which requires an award of attorney fees to defendants in certain actions dismissed prior to trial, does not apply to an action brought pursuant to this part 12. Source: Entire part added, (SB 21-088), ch. 442, p. 2926, § 2, effective January […]
[ Editor’s note: This section is effective January 1, 2022.] Notwithstanding sections 22-12-104, 24-10-105, 24-10-106, 24-10-108, and 24-10-118, or any other state law that prohibits civil actions against a public employee or public entity, a person may bring a claim alleging liability for injuries arising from sexual misconduct pursuant to this part 12 against a […]
