For the second year in a row, Senate Republicans shot down an effort to bring a constitutional amendment to the ballot next year that would eliminate the statute of limitations in childhood sexual abuse cases.

Senate Concurrent Resolution 002, sponsored by Sens. Dafna Michaelson Jenet, D-Commerce City, and Jessie Danielson, D-Wheat Ridge, and House Majority Leader Monica Duran, D-Wheat Ridge, is the result of a four-year effort to remove the statute of limitations for civil claims in child sexual abuse cases. Sponsors say the bill is needed because oftentimes victims do not come forward for decades after the abuse.

In 2021, Danielson and Michaelson Jenet, along with former Sen. Rhonda Fields, D-Aurora, and Rep. Matt Soper, R-Delta, sponsored a bill allowing victims of childhood sexual abuse to bring civil claims against their abusers and the organization managing the program where the abuse occurred, if applicable.

The bill became law, but the Colorado Supreme Court overturned it in 2023, ruling it violated the state constitution’s prohibition on retrospective legislation. According to Danielson, the courts told sponsors they would need to change the constitution in order for the policy to stand.

Last session, Danielson, Fields, Duran and then-Rep. Mike Weissman, D-Aurora, introduced SCR 001, which sought to amend the constitution. The measure failed in the Senate.

“Once again, I return alongside victims of sexual assault asking for justice,” Danielson told the Senate State, Veterans, and Military Affairs Committee on last week. “Today is another day that reflects years of struggle and heartbreak, a day that exists because this legislature has yet to fully address the call of survivors who have shared their pain with us time and time again.”

The bill suffered a similar fate this session, with all 12 of the chamber’s Republicans voting in opposition. As a proposed ballot initiative, the resolution needed a two-thirds vote in both chambers.

Opponents of the measure say it would open the floodgates to litigation, potentially bankrupting nonprofit organizations. The Catholic Church has been an outspoken critic of the resolution, arguing it would pose “significant challenges to all parties” litigating potentially decades-old claims. Victims, defendants, and witnesses may be hard to locate or even dead all these years later, and key documents may no longer exist.

“It is just simply not possible to get to truth after such a long time and effectuate justice under these circumstances,” said Jessica Fuller of the Colorado Catholic Conference.

Senate Minority Leader Paul Lundeen of Monument said he fully recognizes the pain childhood sexual abuse survivors live with every day, but he had to cast his vote with the rule of law in mind, not emotion.

“The acts subject to this resolution are vile, inexcusable, evil, and represent the very worst of humanity,” he said. “As a matter of my heart, this is a very difficult vote. As a matter of principle and the rule of law, this vote is clear.”

While sponsors of SCR 002 were disappointed that the measure failed to pass, they say they weren’t surprised. They’re now looking at other avenues to bring the amendment to the ballot.

“There is so much more we must do to protect survivors of sexual abuse, especially our children,” said Michaelson Jenet. “SCR25-002 was our effort to right the wrongs of the past and change the state constitution to benefit survivors over abusers by allowing survivors of child sexual abuse to pursue legal action against their abusers, regardless of how long ago it happened. Its failure this year does not mark the end of our pursuit of justice. I will continue to fight to hold perpetrators accountable, seek justice for all, and make Colorado the worst state in the nation for sexual abusers.”

According to Danielson, advocates believe the best way forward at this point is to introduce the amendment as a citizen-led initiative in 2026. However, it is not clear yet what individual or organization would be leading the charge on that matter.

In an email to constituents, Danielson gave an update on the resolution, saying “if Republican legislators won’t stand with victims of childhood sexual abuse and the vast majority of citizens who support justice — so be it. We will go to the citizens and ask their permission to put this on the ballot. Today we gave Republican legislators one last opportunity to side with victims instead of abusers. They chose wrong. Now the work begins.”