How to Choose the Best Type Sexual Assault Lawyer for You

The content on this page is provided for general informational purposes only and does not constitute legal advice. Reading this page does not create an attorney-client relationship. Laws vary by jurisdiction and change frequently. Always consult a licensed attorney for advice specific to your situation.

The Lawyer Who Represents You

After a sexual assault, you may hear about several kinds of lawyers, but only one works for you. A sexual assault lawyer who handles civil cases, sometimes called a civil sexual assault lawyer, brings a claim in your name. The goal of that claim is compensation for what the assault cost you and accountability for the people and organizations responsible.

You decide whether to start a civil case and whether to settle or end it. It doesn’t depend on whether charges were filed, and it follows its own rules of proof. In Colorado, “the burden of proof in any civil action shall be by a preponderance of the evidence” (C.R.S. 13-25-127).

The Lawyers You May Hear About, and Who Each One Works For

It helps to know who’s who, because the titles can sound alike:

Role	Who they represent	What they do
Civil sexual assault lawyer	You, the survivor	Brings a claim for compensation against the person responsible and, where facts support it, others
District attorney or prosecutor	The State of Colorado	Decides whether to file criminal charges and prosecutes the case
Criminal defense lawyer	The person accused	Defends the accused against criminal charges

A prosecutor can speak with you and must respect your rights as a victim, but the prosecutor doesn’t represent you; a civil lawyer represents only you. You can work with a civil lawyer whether or not a criminal case is open.

What a Sexual Assault Civil Lawsuit Is

A sexual assault civil lawsuit asks a court to award money damages for the harm you suffered. That can include the cost of medical care and therapy, lost income and the emotional toll of what happened. Our overview of the types of damages in a Colorado personal injury case explains those categories.

The two tracks differ in a few important ways:

• Who brings it. You bring a civil case; the state brings a criminal case.
• What it decides. A civil case decides whether someone is legally responsible to pay damages; a criminal case decides guilt and punishment.
• The standard of proof. A civil case uses the preponderance standard set by Colorado law (C.R.S. 13-25-127).
• Your control. In a civil case, you make the decisions with your lawyer’s advice, including whether to settle.

Who a Civil Claim Can Name

A civil claim can name the person who assaulted you. Depending on the facts, it may also name an organization whose failures made the assault possible, such as:

• An employer
• A school or youth program
• A business or property owner

Colorado’s statute on filing time speaks to the issue directly: it “also applies to any cause of action arising from factual circumstances that include sexual misconduct that is brought against a person or entity that is not the perpetrator of the sexual misconduct” (C.R.S. 13-80-103.7(6)(a)).

Whether an organization is legally responsible still depends on what it knew, what it did, and what it failed to do. A claim against a public school or other government body can carry separate written notice rules (C.R.S. 24-10-109), so raise that early.

When an assault happens at a business, apartment complex, or other property, a claim against the property owner may fall under Colorado’s premises liability law. Our page on Colorado inadequate security claims explains how these cases work.

How Long You Have to File in Colorado

Colorado removed the civil filing deadline for claims based on sexual misconduct that fall under the rule that took effect January 1, 2022. The statute says that “any civil action based on sexual misconduct, including any derivative claim, may be commenced at any time without limitation” (C.R.S. 13-80-103.7(1)(a)).

Two conditions shape who is covered:

• The date matters. The rule applies to claims that accrued on or after January 1, 2022, and to older claims only if the old deadline “has not yet run on January 1, 2022” (C.R.S. 13-80-103.7(1)(b)).
• The conduct has to meet the statute’s definition. “Sexual misconduct” is defined by reference to specific criminal offenses and a purpose of “sexual arousal, gratification, or abuse” (C.R.S. 13-80-103.7(2)).

If what happened to you was years ago, don’t assume it’s too late. The dates and facts need a careful look, and a confidential conversation is the way to get one. Our page on the Colorado personal injury statute of limitations covers the general deadlines for other injury claims.

Your Rights While a Criminal Case Moves Forward

If you report to police, Colorado’s Victim Rights Act gives you rights throughout the criminal process. They include:

• Respect. The right “to be treated with fairness, respect, and dignity,” without intimidation, harassment, or abuse, “throughout the criminal justice process.”
• Information. The right to be informed of the critical stages of the case and to be present for them, with some exceptions listed in the statute.
• Forensic evidence updates. If forensic medical evidence was collected and there’s no conviction or guilty plea, the right to be told on request about its testing status, and to be informed at least sixty days before it’s destroyed. A 2025 law added a notice every 90 days while DNA results are still pending (SB25-304).
• A copy of the report. The right to receive a copy of the initial incident report without paying for it, subject to limits the statute sets.

Those rights are listed in C.R.S. 24-4.1-302.5, and a 2026 law added others, including the right to ask to be referred to by initials or a pseudonym during hearings (HB26-1052). A civil lawyer can explain how the criminal case and a civil claim affect each other in your situation.

Help With Costs Through Victim Compensation

Colorado has a compensation fund for crime victims in each judicial district. A survivor can apply for help with losses from a compensable crime, and the statute’s conditions for approval include (C.R.S. 24-4.1-108):

1. Law enforcement notice. The appropriate officials must have been notified of the crime, and that requirement is satisfied if you provide documentation that a forensic examination was conducted by a licensed or registered nurse or medical provider.
2. Reasonable cooperation. You must have cooperated reasonably with law enforcement, or the board must determine good cause for not doing so.
3. An application. The application has to be filed with the board.

The board can waive requirements “in the interest of justice,” under the same section. Victim compensation is separate from a civil claim, and a lawyer can help you see how the two fit together.

New Colorado Protections Signed in 2026

The governor signed Senate Bill 26-095 on May 19, 2026 (SB26-095). Two parts of it matter to a civil claim:

• Arbitration clauses. A predispute arbitration agreement or joint-action waiver “is not valid or enforceable upon request of an individual who alleges conduct that results in” a sexual misconduct or sexual harassment dispute. A court, not an arbitrator, decides that question.
• Protection for what you told investigators. If you’re alleged to be the victim of a charged crime involving unlawful sexual behavior or certain other offenses, a lawsuit filed against you over a protected statement, such as one made in a criminal investigation, a Title IX investigation, or a protection order case, can be met with a special motion to dismiss unless the person suing you shows “a reasonable likelihood” of winning.

How these rules apply depends on the agreement involved and the facts of your case.

What to Look for in a Sexual Assault Attorney

Choosing a sexual assault attorney is a personal decision. These questions can help you find an attorney who is a good fit for you:

• Do they handle civil claims for survivors? Ask whether the lawyer represents survivors in civil cases, rather than defending people accused of crimes.
• How do they protect your privacy? Ask how they handle your information and what can be kept private in a court case.
• Will they explain both tracks? A good fit explains how a civil claim, a criminal case, and victim compensation interact.
• Do you set the pace? You should never feel rushed into a decision or a meeting.
• What does it cost? Ask about fees when you call, and ask for the terms in writing before you sign anything.

What Happens When You Call CGH Injury Lawyers

We represent survivors of sexual assault and abuse in civil claims. Your first conversation with us is confidential, and nothing moves forward unless you choose it.

On that first call, you share only what you’re comfortable sharing. We can discuss your options, the dates that matter, and what a civil claim would involve. If you go forward, we handle the investigation, the institutions, and the litigation while you keep control of every decision.

If it’s easy to gather, it can help to have:

• Any police report or case number
• Names of places or organizations involved
• Medical or counseling records
• Any messages related to what happened

None of it is required for a first call. We’re at 2701 Lawrence St., Suite 201, in Denver, and the Spanish-language line is (303) 835-9177.

If the assault happened at a business or on someone’s property, our Colorado sexual assault civil claims page explains more about how institutions can be held responsible.

Talk to a Denver Sexual Assault Lawyer

If you’re ready to learn your options, a Denver sexual assault lawyer at CGH Injury Lawyers can listen and explain them. To schedule a confidential consultation, call (303) 209-9395 or write to our Denver office.

Frequently Asked Questions

Written by CGH Injury Lawyers.

Last reviewed: September 28, 2026.

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