Opinion | 'In Colorado, (sexual assault) survivors who pursue civil justice also face the real possibility of personal bankruptcy.'
A statutory rule in Colorado — unique to Colorado — allows for perpetrators to recover their attorneys’ fees if the case is dismissed. Judges are given no discretion, automatically required to award attorneys’ fees to defendants who win these motions regardless of the reasons for the dismissal.
Sexual harassment and assaults are already underreported at an alarming rate because of the challenges and public scrutiny survivors endure through the law enforcement and judicial systems. Allowing the re-traumatization and silence of people who have experienced sexual assault through fear of financial ruin – and at the hands of their perpetrators no less – is not justice.
A new law proposed at the Colorado General Assembly – the Access to Justice Act – would eliminate this unjust rule that forces survivors to pay their perpetrators’ legal fees. Importantly, no rule like this exists in both form and practice in any other state in the country.
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