
Sexual Abuse Cases We Handle
Sexual abuse can occur in very different circumstances. Some cases involve an individual perpetrator acting alone. Others raise questions about whether an organization placed someone in a position of trust, ignored warning signs, failed to properly supervise them, or otherwise contributed to circumstances that allowed abuse to occur.
Understanding that distinction is important because a civil case can involve both the person who committed the abuse and separate parties whose own conduct contributed to the harm.
Sexual assault can cause physical, psychological, and financial harm that continues long after the assault itself.
A civil claim focuses on accountability and compensation for that harm. Depending on the circumstances, a survivor may have a claim directly against the perpetrator and potentially separate claims involving other responsible parties.
Louisiana provides a specific three-year prescriptive period for a delictual action against a person for sexual assault. Under Civil Code Article 3496.2, that period begins on the date the injury or damage is sustained or the date law enforcement or a judicial agency notifies the victim of the offender's identity, whichever occurs later.
Louisiana law also specifically allows exemplary damages in certain cases involving sexual assault in the workplace, although that provision applies to the perpetrator rather than automatically imposing exemplary damages on an employer.
Because the applicable deadline and potential claims depend on the circumstances, a sexual assault case should be evaluated based on who committed the assault, where it occurred, when it occurred, and whether another person or organization may bear responsibility.
Who Can Be Held Responsible for Sexual Abuse?
The perpetrator is not necessarily the only potential defendant in a civil case.
Depending on where and how the abuse occurred, potential responsibility may involve:
The individual who committed the abuse
An employer
A school or educational institution
A religious organization
A daycare or childcare provider
A youth or athletic organization
A healthcare or residential facility
A rideshare or transportation-related entity
A property owner or operator
Another organization whose own negligence contributed to the harm
Claims against an organization are different from claims against the perpetrator.
For example, an organization may face allegations that it negligently hired or retained someone despite warning signs, failed to provide appropriate supervision, failed to respond to complaints, or otherwise created or allowed conditions that contributed to the abuse.
Whether such a claim exists depends on the evidence. The fact that an individual committed abuse does not automatically establish liability against every organization associated with that person.
What Evidence Can Matter in a Sexual Abuse Case?
Sexual abuse frequently occurs without independent eyewitnesses. A lack of video footage or an eyewitness does not mean there is no evidence.
Relevant evidence can take many forms depending on the circumstances, including:
Text messages, emails, and social media communications
Photographs or video
Rideshare trip and location records
Medical records
Counseling or treatment records when legally relevant
Police or investigative records
Witness statements
School or employment records
Personnel files
Background checks
Internal complaints
Disciplinary records
Prior reports involving the same person
Policies and training materials
Records showing who supervised or controlled the perpetrator
Communications showing how an organization responded to concerns
In an institutional case, evidence from before the abuse occurred can be particularly significant.
Prior complaints, warning signs, disciplinary issues, or other information may help establish what an organization knew or reasonably should have known and whether it had an opportunity to act.
Can You File a Civil Lawsuit Without a Criminal Conviction?
Potentially, yes.
A civil sexual abuse claim and a criminal prosecution are separate legal proceedings.
A criminal case is brought by the government and focuses on whether a person committed a crime. A civil case is brought by the injured person and focuses on civil responsibility and available remedies.
That means the existence and outcome of a criminal prosecution do not necessarily determine whether a civil claim exists.
Louisiana's current childhood sexual abuse statute illustrates that distinction directly: an action against a person for sexual abuse of a minor does not prescribe, and the statute separately addresses actions following a conviction for a crime against the child.
Whether a particular civil claim can proceed still depends on the facts, the parties involved, the applicable law, and the timing of the abuse.
How Long Do You Have to File a Sexual Abuse Lawsuit in Louisiana?
There is not one filing deadline that applies to every sexual abuse case in Louisiana.
The age of the survivor when the abuse occurred, the nature of the conduct, the defendant being sued, and other circumstances can change the applicable rule.
Current Louisiana Revised Statute 9:2800.9 provides that an action against a person for sexual abuse of a minor does not prescribe.
The statute also provides that an action against a person convicted of a crime against the child does not prescribe and may be filed at any time following conviction.
Claims involving institutions or other third parties can raise additional legal questions, so the absence of prescription for a claim against an abuser should not automatically be assumed to resolve the deadline applicable to every possible defendant.
What Compensation May Be Available in a Civil Sexual Abuse Case?
There is no standard value for a sexual abuse claim.
The effects of abuse are highly individual, and compensation depends on the particular harm experienced and the claims that can be established against each defendant.
Depending on the circumstances and applicable law, damages may involve:
Medical expenses
Mental health treatment
Future counseling or treatment
Lost income
Reduced earning capacity
Physical injuries
Emotional and psychological harm
Pain and suffering
Other damages recognized under Louisiana law
Louisiana also expressly allows certain parents or guardians of children sexually abused in a school setting to seek damages that can include medical expenses, behavioral health expenses, reimbursement of tuition when the child is removed from the school, and other damages allowed by law.
In certain workplace sexual assault cases, Louisiana law also permits exemplary damages against the perpetrator when the statutory requirements are met.
The appropriate evaluation should focus on the actual impact of the abuse and the claims legally available, rather than trying to apply an average settlement value.
What to Do If You Are Considering a Civil Sexual Abuse Claim
There is no single correct way or timeline for a survivor to respond to sexual abuse. From a civil-claim perspective, however, certain information may become important if and when someone decides to explore their legal options.
When appropriate:
Prioritize immediate safety and medical needs.
Preserve communications. Save relevant texts, emails, social media messages, app communications, photographs, or other records.
Keep documents connected to the circumstances. These may include employment, school, rideshare, institutional, medical, or other relevant records.
Write down information you want preserved. Names, dates, locations, witnesses, and other details can become harder to reconstruct over time.
Preserve information about reports or complaints. If the conduct was reported to an employer, school, organization, rideshare company, law enforcement agency, or another entity, keep records of those communications when available.
Do not assume the absence of a criminal case prevents a civil claim. The two processes are separate.
Do not assume an old incident is automatically too late. Louisiana has specific rules for sexual abuse claims, particularly those involving abuse during childhood.
Results
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Frequently Asked Questions About Sexual Abuse Claims in Louisiana
Speak With Hair Shunnarah Confidentially
Deciding whether to pursue a civil sexual abuse claim is personal. Understanding the legal options does not require a survivor to make every decision at once.
Hair Shunnarah represents survivors throughout Louisiana in civil sexual abuse cases. We can evaluate the circumstances, determine which parties and laws may be involved, and explain the options available.
Free consultation. No attorney fee unless we win your case.