Louisiana Child Sex Abuse Survivors Have More Time to File Lawsuits

The deadline has been extended for adult survivors of childhood sexual abuse to file a lawsuit against their abusers. Through Senate Bill 246 civil sex abuse lawsuits under the “lookback window” law can now be filed through June 14, 2027. 

No one should be a victim of sexual abuse, however, when the victim is a child, the crime is even more horrific. A child may not comprehend what happened and that a crime was committed against them. Studies have shown that someone who is sexually abused as a child does not disclose they were abused until they are well into adulthood, with many coming forward after the age of 50. This often means by the time the victim decides to take legal action against the abuser, the statute of limitations has passed.

In 2021, former Louisiana Governor John Bel Edwards signed the first version of the Louisiana sex abuse lookback window law – Act 322. The legislation gave victims three years (until June 14, 2024) to file a lawsuit, regardless of when the sexual abuse happened. Act 322 was amended soon after its creation due to the wording of a statute that the law referenced. In June 2022, the amended legislation, Act 386, further clarified that victims could pursue Louisiana sex abuse lawsuits regardless of when the abuse occurred.

With the measure in place, abusers as well as organizations who have been recognized as shielding them, including the Catholic Church and Boy Scouts of America, could continue to be held accountable for the decades of mistreatment.

Is the Louisiana Sex Abuse Lookback Window Law Constitutional?

While the Louisiana legislators agreed on the lookback window law and the 2024 filing extension with bi-partisan ease, the Louisiana Supreme Court had differing views on the law when it was challenged, but ultimately ruled it constitutional.

In March, the Louisiana Court agreed to hear arguments concerning Bienvenu v. Diocese of Lafayette and the use of the lookback window law. The diocese challenged the lawsuit, saying the claim was “prescribed,” and that the plaintiff could not sue since so much time has elapsed. While earlier courts’ decided that the lawsuit could proceed, and despite strong public support and the fact that more than two dozen states have found similar laws constitutional, the Supreme Court justices ruled against it in March, deeming it unconstitutional.

According to the majority opinion, written by Justice James Genovese, “Reviving old sexual abuse claims violated the due-process rights of alleged abusers and their enablers to no longer be sued for damages once the original deadline to do so had passed.”

Because the Louisiana Supreme Court ruling was met with opposition from elected officials, lawyers, and frustrated sex abuse survivors, the justices agreed to re-hear arguments in June. Herman, Katz, Gisleson & Cain partner Soren Gisleson wrote the rehearing application, and the post-rehearing briefing, and orally argued before the Court. After the rehearing, the Court reversed its original decision and ruled the Louisiana sex abuse lookback window on sex abuse cases is constitutional.

Justices Scott Crichton and Piper Griffin, who were part of the majority to do away with the window in March, joined Chief Justice John Weimer and Justices Jay McCallum and William Crain to revive it.

Unlike in March, their new decision expressed the belief that keeping a lookback window law could bring benefits to the abused.

“For many victims of child sexual abuse, the revival provision represents their first and only opportunity to bring suit,” the ruling stated. “ Providing that opportunity to those victims is a legitimate legislative purpose.”

At Herman, Katz, Gisleson & Cain, our attorneys specialize in Louisiana sex abuse cases and represent victims who are pursuing justice. We hold institutions accountable for protecting predators instead of the children in their care.  If you are a victim of child sex abuse, there is still time under the state’s lookback window law to file a lawsuit against your abuser and the organizations that protected them. The Louisiana sex abuse lookback window will remain in effect until June 14, 2027. For a free case consultation call us at 844-943-7626 or contact us online. We will answer your questions and handle your case with the strictest confidence and care.