BATON ROUGE (LA)
Louisiana Illuminator [Baton Rouge LA]
May 13, 2024
By Julie O’Donoghue
Louisiana lawmakers are swiftly advancing legislation that would extend the timeframe adults who are survivors of child abuse have to file lawsuits against institutions such as Catholic Church.
The bill took on more relevance Friday after the Louisiana Supreme Court announced it would reconsider its decision to scrap the state law creating a “look back window” to allow child abuse survivors to file lawsuits over misconduct that took place decades ago.
It also followed news that Louisiana State Police troopers had raided the Archdiocese of New Orleans in April, seeking records and communication about how child sex abuse cases were handled.
In 2021, the Louisiana Legislature unanimously approved a new law removing the time limit for damage suits over child abuse, but the measure wasn’t retroactive. Adults who recalled their abuse years after it happened had often missed the deadline to seek civil damages.
To give those adult survivors a chance at relief, legislators included a three-year look back window in the 2021 law to allow any adult victim of child abuse to bring a lawsuit, no matter how long ago the alleged abuse took place. That window expires June 14.
Senate Bill 246, sponsored by Sen. Jay Luneau, D-Alexandria, would extend the timeframe for filing a lawsuit over older allegations of child abuse another three years, until June 14, 2027. The proposal unanimously passed the Senate and is awaiting a full House vote.
New Orleans attorney Kristi Schubert, who represents child abuse victims, said survivors have been reluctant to come forward over the past three years because of the Catholic Church’s legal challenges to the look back window. Some weren’t willing to go through the emotional turmoil of pursuing such a lawsuit until they knew the statute would be upheld, she said.
“Filing suit [in child abuse cases] is like turning your life upside down,” Schubert said.
Schubert said people effectively out themselves as child abuse victims when they file a lawsuit, even if they use a pseudonym while doing so. In small communities, people are often able to identify someone who brings this type of lawsuit, she said.
“It doesn’t mean they have perfect anonymity,” Schubert said.
The Catholic Diocese of Lafayette pushed back against the look back period in court, arguing it is unconstitutional because it violates due process rights. Initially, the state Supreme Court agreed with the diocese and threw out the measure in a March ruling. Then, the court indicated it might reverse itself last week and agreed to reconsider the case.
Similar provisions in other states have put financial stress on the Catholic Church, Boy Scouts and other large institutions with a history of child abuse. In 2019, at least 15 states had made it easier to sue over sexual abuse, according to the Associated Press, in response to some of these scandals.
The court’s initial ruling to scuttle the law didn’t sit well with lawmakers. After the Lafayette diocese took their objections in court in 2021, legislators passed a second law in 2022 meant to clarify their intention to set up a look back window for any adult victim of child sex abuse who needed one.
In their current legislative session, lawmakers have also tried to explain, for a third time, their desire for a look back period. They unanimously passed a resolution, also sponsored by Luneau, Monday in support of the look back window that will be sent to every Louisiana Supreme Court justice.
“Sexual abuse of a minor is a unique tort to which ordinary laws of prescription should not apply,” legislators said in their resolution.
Republican Attorney General Liz Murrill agrees with lawmakers and has argued the court had violated separation of powers law by initially throwing out the measure the Legislature approved. She is in support of having a look back period move forward.
“This case marks a significant constitutional moment in the Court’s history. Members of the Court have consistently emphasized that the powers bestowed upon our ‘three co-equal branches of government’ must remain ‘separate and distinct,’” Murrill wrote in a legal brief.
While the focus has been on sex abuse within the Catholic Church, the look back window affects any institution or individual who perpetrated violence against children. There have been significant child abuse scandals in the Southern Baptist Church, Boy Scouts of America, USA Gymnastics, K-12 schools and youth sports programs over the years.
Julie O’Donoghue is a senior reporter for the Louisiana Illuminator. She’s received awards from the Virginia Press Association and Louisiana-Mississippi Associated Press.
Louisiana Illuminator is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.
jodonoghue@lailluminator.com