The recent ruling by Louisiana’s Supreme Court to wipe out legislation giving adult victims of childhood sexual abuse the opportunity to file civil damage lawsuits has sparked outrage among advocates for survivors. This decision came as a surprise, as 24 other states have similar laws that allow victims of childhood abuse to sue. Advocates are planning to ask the Louisiana Supreme Court to reconsider their ruling, with hopes that the justices will change their votes. If this fails, advocates may explore other avenues such as amending the state constitution to allow victims to seek justice.
The impact of this ruling is unclear, but it is expected that the Archdiocese of New Orleans will try to minimize the more than 500 claims currently tied up in a bankruptcy case. Additionally, there are potentially many more victims who have not yet filed lawsuits, as some cases have been on hold for years. The law that was overturned by the Supreme Court was originally passed in 2021 and amended in 2022, giving victims of past abuse until June of this year to file a civil lawsuit. The law aimed to address the fact that victims of child sex abuse often do not come forward until later in life.
The case that led to the Supreme Court’s decision involved plaintiffs who were abused by a priest in the 1970s when they were between the ages of 8 and 14. Justice James Genovese, writing for the majority, argued that the law conflicted with due process rights in the state constitution, citing decades of jurisprudence that protected against lawsuits once a time limit had passed. Chief Justice John Weimer dissented, pointing out that the majority did not explain how due process was violated in this specific case. The ruling has caused emotional distress among survivors, with many feeling triggered and re-traumatized by the decision.
Advocates for survivors of childhood sexual abuse are vowing to continue fighting for justice, despite the setback from the Supreme Court. They are determined to find a way to ensure that victims have the opportunity to seek civil damages for the abuse they suffered as children. The impact of this ruling extends beyond just the legal implications – it has reopened old wounds for many survivors who were hoping for closure and justice. Moving forward, it remains to be seen how advocates will proceed in their efforts to support victims and hold abusers and institutions accountable for their actions.
