Denver Injury Law LLC has filed the first case (Case No. 22cv30000) in Boulder District Court under the new statute governing claims of Sexual Misconduct Against Minors (C.R.S. 13-20-1201, eff. Jan 1, 2022).

Woman uses new Colorado law to sue over alleged sex assault in 1977

Additional case filings include Case No. 22cv31001 in Douglas County (Stanton v Highlands Ranch Community Ass’n et al.) and Case No. 22cv30065 in Arapahoe County (Saupe v Aurora Public Schools and Dave O’Neill, et al.). (See below)

Copy of Press Release follows:

Date: January 1, 2022

Subject: A CIVIL CAUSE OF ACTION FOR SEXUAL MISCONDUCT AGAINST A MINOR

Contact: James W Avery, Denver Trial Lawyer
DENVER INJURY LAW, LLC
201 Columbine St., Ste. 150 #6888
Denver, CO 80206
Ph. 303-840-2222 (M-F, 9a-6p). 720-507-8773 (after hours)
Denver trial lawyer James Avery has filed the first civil cause of action for sexual misconduct against a minor under the newly enacted Colorado law (SB021-088, CRS 13-20-1201) governing Sexual Misconduct Against Minors in Boulder County District Court (Case No. 22cv 30000, Div. 2) on behalf of Kate McPhee (a Vermont artist) against John Kelly (a prominent Aspen, CO photographer and former Colorado Academy teacher), Albert Brown (member of the iconic Brown family that helped establish Aspen Skiing Company), Darcey Brown (former teacher at Colorado Academy now residing in Moab, UT and member of the iconic Brown family), Bruce Cranmer (a Boulder resident and former C.U. Nordic Ski Coach), Alan Cranmer, Jeanie Cranmer Clark and Mark Clark.
The lawsuit alleges that claimant Kate McPhee, age 15, was raped on the campus of Denver prep school Colorado Academy (CA) by one of its teachers, John Kelly (a history teacher at CA) then serially raped over the course of 3 weeks in the summer of 1977 on a Grand Canyon River trip supervised by the other adults. McPhee alleges a pattern of grooming and sexual misconduct by persons in a position of trust. She claims that alcohol and illicit drugs were provided to her and another teenage girl by the adults on the river trip, then she was serially raped by Kelly with the knowledge and consent of the other adult chaperones. The matter was never reported to police by the adults and only recently investigated by Colorado Academy after McPhee answered an open letter by CA seeking other victims who were abused by another of its teachers.
The lawsuit seeks an unspecified amount of damages. Damages under the new law, C.R.S. 13-20-1201, are capped at Five Hundred Thousand or One Million Dollars depending on the facts of the case.

https://kdvr.com/video/law-change-removes-statute-of-limitations/7311143/

Telemundo Denver feature story about Avery Law Firm cases involving sex abuse against minors:

https://www.telemundodenver.com/noticias/local/en-colorado-victimas-de-abuso-sexual-entablan-demandas-formales-contra-sus-presuntos-agresores/2185603/

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HIGHLANDS RANCH, Colo. (KDVR) — A new law has opened the door for survivors of sexual assault, who were minors at the time of the abuse, to seek civil damages against the accused and their employer. The new law threw out the six-year statute of limitations for sexual assault cases involving minors.

“In simple terms, these kids are victimized by adults and they get victimized further by the system when they are not allowed to address their problem, when they’re not allowed the legal redress that most people are able to pursue and that our society is based on,” attorney James Avery said. “It’s just a way to level the field and giving them a square chance of getting redress.”

One of his clients, Emily, was sexually assaulted by her racquetball coach at the Northridge Recreation Center in Highlands Ranch starting in 2011, when she was 14 years old.

“I was sexually abused for four years, multiple times a week, and unfortunately it happened in a public facility,” Emily said.16 new laws in Colorado in 2022 

When Emily turned 18, she stopped seeing William Fearing and reported the abuse to law enforcement. William fearing was convicted of sexual exploitation of a minor by a person in a position of trust and sentenced to prison in 2019. Emily said it has had a huge impact on her life.

“I’ve been diagnosed with PTSD. I struggle weekly, if not daily, with flashbacks and disassociation which is something my brain did to protect me at the time. It continues to be a handicap in my daily life,” Emily said.

Her lawsuit alleges that another employee came forward and expressed her concerns to the facilities supervisor. They claim management did not respond appropriately to those concerns. The lawsuit alleges the management “deliberately disregarded and covered up the report.”

“I think more people could’ve spoken up and people could’ve listened to what was said. I think there were things that could’ve been done to prevent a lot, if not all, of the abuse. I hope that in the future, people who are mandatory reporters who are in a position of authority will look out for those signs and take the right action in the future,” Emily said.

She is thankful this new law was passed last year, giving her a chance to seek justice.

“I would encourage other victims of sexual abuse to speak up. It’s been challenging, but there’s been a lot of amazing people. The justice system has served me well,” Emily said.What to know about at-home COVID test accuracy 

“It is groundbreaking. Many people like Emily have so far had the doors of the courthouse shut to them. This is not something they can deal with as minors,” Avery, her attorney, said. “This gives her the opportunity to come forward and gives the justice system an opportunity to do what it should do. And hopefully stop this type of abuse from happening in our recreation centers, our schools, our churches, etc.”

The Highlands Ranch Community Association has not yet provided a response to this lawsuit

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Denver, Colorado. Colorado’s Top Personal Injury Law Firm® trial lawyer James Avery has filed a civil cause of action for sexual misconduct against a minor under the newly enacted Colorado law (SB021- 088, CRS 13-20-1202) governing Sexual Misconduct Against Minors in Arapahoe County District Court- Littleton, Colorado (Case No. 2022cv30065) on behalf of Angelica Saupe (a retired Colorado 911 dispatcher) against Aurora Public Schools and David James O’Neill Jr (a former Rangeview High School basketball/softball coach, Fellowship of Christian Athletes leader, and attendance monitor).
Plaintiff Angelica Saupe, age 35, claims that she was sexually abused as a minor (ages 14-17) for years (2001-2004) by Defendant David James “Dave” O’Neill Jr., age 64, person in a position of trust as her basketball coach, at Aurora Public School’s Rangeview High School. O’Neill, then age 44, was not reported and not charged at the time of the offense. Saupe complained to law enforcement in 2007, at age 20, and was told her charges were time barred by the statute of limitations. Saupe has never been contacted by Aurora Public Schools, although she believes the School District was contacted by Aurora Police at the time of her complaint….
Denver trial lawyer James Avery comment on the new law: “This is an unprecedented opportunity for justice where it is truly needed. I have turned away dozens of clients who were sexually abused as children but who didn’t come forward in time to file a case. This new law gives them a remedy, albeit a limited one. These victims invariably suffer for a lifetime and the abuse effects their families, their jobs, their social relationships, virtually every aspect of their lives. To have this new tool in the arsenel to help them is a big step forward for society at large. For the defendants in these heinous cases, its a day of reckoning.”

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Denver, Colorado. Colorado’s Top Personal Injury Law Firm® trial lawyer James Avery has filed a civil cause of action for sexual misconduct against a minor under the newly enacted Colorado law (SB021- 088, CRS 13-20-1202) governing Sexual Misconduct Against Minors in Douglas County District Court (Case No. 2020cv 31001, Div. 5) on behalf of Emily Stanton (a Colorado nurse) against Highlands Ranch Community Association, Matt Muller (HRCA Supervisor) and William Fearing (a former Highlands Ranch Community Association racquetball program director and coach of youth leagues).
Plaintiff Emily Stanton, age 24, claims that she was sexually abused as a minor (ages 15-17) for years (2011-2013) by Defendant William Fearing, age 74, person in a position of trust as her racquetball coach, at Highlands Ranch Community Association’s Northridge Community Center. Fearing was supervised by Defendant Matt Muller, who was warned by another coach (an adult female) that the relationship between Fearing and his minor girl assistants (including Emily Stanton, age 14) was suspicious. William Fearing, then age 66, was not reported and not charged at the time of the offense. Stanton complained to law enforcement in 2018, at age 22, and Fearing was charged with and convicted of sex assault against a minor by a person in a position of trust and pattern of abuse. Fearing, who was sentenced to 6 years jail time in May 2019 by a Douglas County judge, is serving time in evenings at Douglas County community corrections, and is already eligible for parole.

Denver, Colorado. Colorado’s Top Personal Injury Law Firm® trial lawyer James Avery has filed a civil cause of action for sexual misconduct against a minor under the newly enacted Colorado law (SB021088, CRS 13-20-1202) governing Sexual Misconduct Against Minors in Arapahoe County District CourtLittleton, Colorado (Case No. 2022cv30065) on behalf of Angelica Saupe (a retired Colorado 911 dispatcher) against Aurora Public Schools and David James O’Neill Jr (a former Rangeview High School basketball/softball coach, Fellowship of Christian Athletes leader, and attendance monitor). Plaintiff Angelica Saupe, age 35, claims that she was sexually abused as a minor (ages 14-17) for years (2001-2004) by Defendant David James O’Neill Jr., age 64, person in a position of trust as her basketball coach, at Aurora Public School’s Rangeview High School. O’Neill, then age 44, was not reported and not charged at the time of the offense. Saupe complained to law enforcement in 2007, at age 20, and was told her charges were time barred by the statute of limitations. Saupe has never been contacted by Aurora Public Schools, although she believes the School District was contacted by Aurora Police at the time of her complaint. The newly enacted law (SB021-088), effective Jan 1, 2022, creates a new cause of action effectively setting aside time limits in cases going back to 1960. Victims have 3 years (until Jan. 1, 2025) to file previously time barred claims the new law. The lawsuit seeks an unspecified amount of damages. Damages under the new law, C.R.S. 1320-1201, are capped at Five Hundred Thousand or One Million Dollars depending on the facts of the case. Denver trial lawyer James Avery comment on the new law: “This is an unprecedented opportunity for justice where it is truly needed. I have turned away dozens of clients who were sexually abused as children but who didn’t come forward in time to file a case. This new law gives them a remedy, albeit a limited one. These victims invariably suffer for a lifetime and the abuse effects their families, their jobs, their social relationships, virtually every aspect of their lives. To have this new tool in the arsenel to help them is a big step forward for society at large. For the defendants in these heinous cases, its a day of reckoning.”

Contact Denver Injury Law LLC to get a free confidential case consultation. Ph. 303-840-2222

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