Sexual abuse and assault survivors in Louisiana have the legal right to fight back. You can file a civil lawsuit not just against your abuser, but also against the institutions that failed to protect you—schools, churches, youth organizations, and others that turned a blind eye or enabled the abuse through negligence.
Our experienced sex abuse lawyers help survivors pursue justice through civil lawsuits, holding individuals and third parties accountable and securing settlement compensation for the pain, trauma, and lifelong consequences of sexual abuse.
This page looks at the process of filing a civil lawsuit for sexual abuse in Louisiana. We will look at the relevant laws regarding sex abuse, and the average settlement amounts and jury payouts victims see in these lawsuits. Our lawyers also give you the most recent updates on settlements and verdicts in sex abuse lawsuits.
If you are considering filing a civil lawsuit for sexual abuse, contact us online or call 800-553-8082 for a free consultation.
Seeking Compensation for Sex Abuse in Louisiana
Louisiana law defines sexual abuse and assault in broad terms that encompass a wide range of non-consensual sexual conduct. Under La. R.S. § 14:43.1, sexual battery is defined as the “intentional touching of the anus or genitals of the victim by the offender using any instrumentality or part of the body, or of the offender by the victim when the offender acts without the consent of the victim.” This statute illustrates Louisiana’s foundational elements for prosecuting sexual misconduct: the touching must be sexual in nature, and it must occur without lawful consent.
In practice, sexual abuse in Louisiana includes any unwanted, intentional sexual contact—ranging from groping and fondling to rape and other forms of coerced penetration. For civil liability purposes, Louisiana courts generally adopt similar criteria. To constitute actionable sexual abuse, two core elements must be present: (1) sexual contact and (2) absence of consent.
Consent is the linchpin of Louisiana’s legal framework around sexual abuse. Without it, any sexual touching becomes unlawful. Louisiana law is stringent in cases involving minors: La. R.S. § 14:81 clarifies that minors under the age of 17 are legally incapable of giving consent to sexual activity, regardless of perceived willingness or participation. As such, any sexual contact involving a minor and an adult is presumed to be non-consensual and thus qualifies as sexual abuse under the law.
Finally, verbal sexual harassment, while potentially actionable under employment or civil rights laws, does not meet the statutory threshold for sexual battery or abuse unless it involves physical contact. This distinction ensures that only conduct involving deliberate and unlawful physical contact is prosecuted or litigated as sexual abuse under Louisiana statutes.
Who Can Be Liable for Sexual Abuse in Louisiana?
Victims of sexual abuse or assault can obviously sue the person who actually committed the acts of abuse. In many cases, however, suing the abusers is somewhat pointless because unless that person is very wealthy, you won’t be able to get any money out of them.
The criminal who actually committed the abuse rarely has the deep pockets necessary to cover civil liabilities. So the primary challenge for sex abuse attorneys is proving that the church or employer who was responsible for supervising the perpetrator “knew or should have known” – the standard under Louisiana law – about the perpetrator’s behavior and propensity for abusing minors.
Because such abuse often happens in private, it can sometimes be difficult to establish the employer’s knowledge or negligence. But it is usually pretty easy. Because what our sex abuse lawyers see in these cases is most perpetrators leave tons of breadcrumbs that are ignored. The evidence in these cases is often loaded with inappropriate behavior by the perpetrator, meetings with children in private, or giving gifts and attention to children would make anyone who cared enough want to investigate further.
Even if the employer claims no knowledge of the abuse, they can still be held liable if they were negligent in their hiring or supervision of the perpetrator. To establish liability, an attorney should investigate whether there were protocols in place to prevent abuse and whether staff followed these protocols.
Louisiana Statute of Limitations for Sex Abuse Civil Cases
Louisiana is among the growing number of states that have recently changed their statute of limitations laws to make it easier for victims of child molestation to file civil lawsuits. In 2021, Louisiana eliminated its statute of limitations for all future civil lawsuits based on child sexual abuse. This means there is no SOL for child sex abuse lawsuits based on abuse occurring after January 1, 2021.
As part of that same law, legislatures in Baton Rouge also created a 3-year “lookback window” which gave victims of child sexual abuse a period of three years to file civil lawsuits free of any SOL limit and regardless of how long ago the abuse occurred. Unfortunately, that three-year lookback window expired in June 2024. La. Stat. Ann. § 9:2800.9 (2021)
Louisiana law includes a doctrine called “contra non valentem,” which allows for the suspension of the prescription period in cases where the victim is unable to act (e.g., due to repressed memories). However, courts were often reluctant to apply this doctrine in sex abuse claims, making it difficult for victims to use this as a basis for extending the time to file a lawsuit.
Louisiana’s approach to childhood sexual abuse lawsuits can seem contradictory. On one hand, the state has permanently eliminated the statute of limitations for these claims, meaning survivors can file lawsuits at any time. However, Louisiana also created a lookback window, temporarily allowing survivors whose claims had already expired to file lawsuits before a set deadline.
The lookback window was originally set to expire on June 14, 2024, but was extended until June 14, 2027. This means that some previously time-barred survivors still have time to file, but not all.
To understand how these two legal principles work together, it is necessary to look at both the permanent statute of limitations removal and the temporary lookback window.
The Permanent Removal of the Statute of Limitations
In 2021, Louisiana enacted La. Rev. Stat. § 9:2800.9, which removed the statute of limitations for childhood sexual abuse lawsuits moving forward. This means:
- If the abuse happened on or after June 14, 2021, survivors can file a lawsuit at any time—there is no deadline.
- If the abuse happened before June 14, 2021, whether a survivor can file a lawsuit depends on whether their claim was still legally valid when the law changed, or if it qualifies under the lookback window.
The Purpose of the Lookback Window and the 2027 Extension
Before Louisiana changed its law in 2021, survivors only had until their 28th birthday to file a lawsuit under the old statute of limitations. If they missed that deadline, their claim was permanently barred.
Recognizing that many survivors had been denied justice, Louisiana created a lookback window, which allowed survivors with previously expired claims to file lawsuits between June 14, 2021, and June 14, 2024.
The lookback window was extended in 2024, giving eligible survivors until June 14, 2027, to file.
But the extension does not expand who qualifies—it only gives more time to those who already did.
What It Means for Survivors
If you were sexually abused as a child in a Louisiana juvenile detention center, your right to file a lawsuit in 2025 depends mostly on two things:
- How old were you on June 14, 2021
- When the abuse happened
In 2021, Louisiana removed the deadline for many survivors of childhood sexual abuse to file civil lawsuits. But this change only helped some people right away. Others were given a limited-time chance to file under a special rule called a lookback window. That window has now been extended, but it still closes for good on June 14, 2027.
Let’s break all of this down in a chart:
| How Old Were You on June 14, 2021? | When Did the Abuse Happen? | Can You File a Lawsuit? | Deadline to File |
|---|---|---|---|
| Younger than 28 | Before June 14, 2021 | Yes | No deadline (you can file anytime) |
| 28 or older | Before June 14, 2021 | Yes, under lookback window | Must file by June 14, 2027 |
| Any age | On or after June 14, 2021 | Yes | No deadline (you can file anytime) |
What This Means to You
- If you were under 28 on June 14, 2021: You can file a lawsuit at any time. There is no deadline.
- If you were 28 or older on June 14, 2021: You can still file, but only if you act before June 14, 2027. This is your last chance under the extended lookback window.
- If the abuse happened after June 14, 2021: There is no time limit to file, no matter how old you are now.
This law applies to abuse in state-run facilities, group homes, and private juvenile centers under state contracts. If you are unsure whether you qualify or do not know exactly when the abuse happened, it is a good idea to speak with a lawyer soon. Even though some survivors have more time, gathering the records and details needed to build a strong case can take months.
Challenges to the Constitutionality of the New Louisiana SOL Law
In § 9:2800.9, which revived certain child sex abuse claims that had previously expired due to prescription (similar to the statute of limitations in other jurisdictions), allowing them to be filed within a three-year window. The plaintiffs alleged a priest sexually abused them during the 1970s. They sought to use this law to bring their claims despite the passage of time.
Unfortunately, the Court found that while the legislature intended for the law to apply retroactively to provide victims a chance to seek justice, such retroactive application conflicted with the due process protections outlined in the Louisiana Constitution. Specifically, the Court held that a defendant’s right to assert prescription—a vested property right once a claim has been prescribed – legal mumbo jumbo if you have ever heard it- cannot be retroactively taken away without violating constitutional due process guarantees. So the court ruled that the legislation was unconstitutional because it attempted to revive claims for which prescription had already accrued.
Still, the case is not over. Louisiana sex abuse lawyers will fight this out again in New Orleans in front of the Louisiana Supreme Court eventually. For now, the court remanded the case back to the trial court to consider whether there had been any interruption or suspension of prescription that might allow the plaintiffs’ claims to proceed, such as through the doctrine of contra non valentem, which prevents prescription from running against a person who is unable to bring their suit due to certain conditions. But, again, the courts have not given us much hope that this is a viable path for victims.
No matter how you slice it, this is a big loss for sex abuse victims in Louisiana.
Louisiana Statute of Limitations Law
- La. Rev. Stat. § 9:2800.9 removed the statute of limitations for civil claims involving childhood sexual abuse and established the three-year lookback window.
- Doe v. Archdiocese of New Orleans reaffirmed the strict application of prior statutes of limitations, demonstrating the necessity of legislative reform to allow survivors additional time to file claims.
- Roman Catholic Church of the Archdiocese of New Orleans v. Louisiana Attorney General addressed constitutional challenges in 2023 to the lookback window, ultimately allowing survivors to proceed with their claims during the temporary filing period.
Lawsuit Information Center