Avery Law Firm secures ruling that the newly enacted Colorado Child Sex Abuse Accountability Act, SB21-88, is constitutional.
For Immediate Release
September 22, 2022
Contact: James Avery, Denver Injury Law, LLC, Denver, CO, ph. 303-840-2222, email: averylawfirm@gmail.com
Re: Child Sex Abuse Accountability Act Ruled Constitutional by Arapahoe Court
Denver, Colorado- DENVER INJURY LAW, LLC. Trial lawyer James Avery has obtained the first state court ruling successfully defending and holding that the newly enacted SB021-88, Child Sex Abuse Accountability Act, is constitutional. Opponents of the Act urged the Legislature to reject the proposed law, arguing that it violated the Colorado Constitution; instead, the Legislature enacted the new law, which when signed by Governor Polis, created a new cause of action for child victims of sexual assault against perpetrators and the entities that enabled them. The law also eliminated statutes of limitation for future victims. District Court Judge Peter Michaelson issued the ruling on September 21, 2022 in the case of Norris v Cherry Creek School District. The Defendants appealled this decision to the Court of Appeals, which dismissed the appeal.
“The significance of this ruling for child sex abuse victims cannot be overstated. There has never been a case in Colorado where an entity has been held legally responsible for child sex assault. It has been a long battle getting a case into the courts on behalf of my client, Ms. Norris, who was repeatedly sexually abused as a child attending Cherry Creek School District’s Smoky Hill High School. We hope this ruling encourages more victims to seek justice in the courts” says lawyer James Avery. In the lawsuit, the victim alleges while hidden in the Smoky Hill High counselor’s office room, social studies room, and other private places, Defendant Kaempfer began having sexual relations with her in the Spring of 1980 when she was a student aged 17, which conduct continued throughout the Spring of 1980. Kaempfer engaged in such sexual misconduct on the premises of the Smoky Hill High School and outside it and numerous other employees of the School are alleged to have been aware of and kept quiet about the abuse. Kaempfer was never publicly disciplined or charged with any crime for the offenses. Damages under the new law are capped at $1 million.
Latest Update:
4/4/23
The Colorado Supreme Court today heard oral arguments on the constitutionality of SB021-088, the Child Sex Abuse Accountability Act. Denver Injury Law principal James Avery represented the victim, Angelica Saupe, against David James O’Neill Jr and Aurora Public Schools. Here is the story:
https://kdvr.com/news/local/sex-abuse-law-challenged-before-colorado-supreme-court/