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DENVER, CO - The House today passed a bill that would make it easier for children to navigate the justice system during child abuse cases. HB26-1103, sponsored by Representatives Lorena García and Lori Goldstein, passed unanimously by a vote of 64-0.
“Our bill aims to make it as easy as possible for children to seek justice from their abuser,” said Rep. Lorena García, D-Unincorporated Adams County. “Child advocacy centers have the resources to provide trauma-informed support for Colorado children who are navigating the judicial system during something as difficult as a sexual assault, abuse or neglect case. By connecting the victim with these advocates and providing more flexibility in the testimony process, children will have a better chance of holding their abuser accountable without enduring further trauma.”
“Having to relive sexual trauma can cause debilitating anxiety and PTSD, especially for children,” said Rep. Lori Goldstein, D-Westminster. “Far too many child sexual abuse cases never move forward because the victim doesn’t know how to navigate the justice system or because they don’t want to be forced to face their abuser in court. Our legislation will ensure that these kids have trauma-informed resources to guide them through medical examinations, the judicial system and mental health support to help prevent retraumatization.”
HB26-1103 would require law enforcement agencies to report child sex offense claims to a local child advocacy center (CAC) within a week of when the alleged offense occurred. If there is no CAC within the judicial district, the agency must report the alleged offense to the CAC that they determine would best serve the child.
Current law allows a child under 12 years old to give testimony in a room other than the courtroom if the judge believes that the child would experience serious emotional distress or trauma in the presence of the defendant. The bill would raise the age to under 18 years old, require courts to make considerations about a child’s ability to give testimony in front of the alleged offender, and allow for collaboration with a child advocacy center to conduct interviews.
There are 19 CACs across Colorado with over 33,000 child abuse professionals and community members who provide wraparound services to survivors. Each CAC has trained forensic interviewers and victim advocates to support the child through the judicial process and with mental health services.
The legislature is concurrently considering the Colorado Child Advocacy Center Act, which would reinforce the expectations that child advocacy centers coordinate with law enforcement and adopt trauma-informed practices as they move through the investigation, treatment and prosecution processes.