There is no statute of limitations in Louisiana now for childhood sex abuse that occurred after June 14, 2021. For cases where the abuse occurred before June 14, 2021 there are some limitations.
- If the survivor is younger than 28 years old on June 14, 2021, he can now file a lawsuit at any time with no deadline.
- If the survivor is 28 years or older before June 14, 2021, there is a look back window and they can file their cases until June 14, 2027 when the look back window expires. After June 14, 2027, the survivors who are 28 years or older before June 14, 2021 will lose their right to sue.
A look back window is legislation that suspends the ordinary statute of limitations for a specific period of time. Look back window legislation has been approved in the past in states such as California, New York, and New Jersey. Many other states are considering such legislation. The concept of a look back window, most common in childhood sexual abuse cases, acknowledges the particular trauma caused by childhood sexual abuse and the psychic obstacles a survivor faces in confronting the horror of abuse. Research has demonstrated that those who have been assaulted as minors are not able to confront the reality of abuse until much later in adulthood, if ever. Therefore, many legislative bodies have taken this into account when proposing look back window legislation.
Update on Childhood Sex Abuse Cases Against the Archdiocese of New Orleans
The Roman Catholic Church for the Archdiocese of New Orleans filed a Chapter 11 Voluntary Petition on May 1, 2020. There are approximately 600 survivors who have filed claims in the bankruptcy of the archdiocese of New Orleans. This bankruptcy litigation has been going on for over five years now. Currently, there is a proposed settlement within the bankruptcy court to pay $180 million to settle the cases. This would average about 300,000 per case, however there would be a fairness allocation process so that more severe cases would get more money and the less severe cases would get less money. At the most recent bankruptcy court hearing the Archbishop of New Orleans Gregory Aymond personally appeared in court. He supports this settlement, but there are a significant numbers of survivors who don't support the settlement believing there should be more money. In order for the proposed bankruptcy settlement to be approved, 2/3 of voting survivors must agree to the settlement amount. It remains to be seen whether this will be the final settlement or whether future negotiations will result in a larger settlement fund.
There are pending childhood, sex abuse cases in other dioceses in Louisiana, including Lafayette, that have been able to proceed based upon this window legislation, allowing old cases to be filed in Louisiana. It is possible, but not expected that other dioceses in Louisiana will file bankruptcy. In a Catholic clergy bankruptcy case, generally there are sufficient funds to pay survivors in the bankruptcy process as the church is not really bankrupt and has paid all of its other bills. The bankruptcy filings are a legal strategy to avoid huge verdicts in civil courts that would likely be handed down by juries. Essentially, the Catholic clergy bankruptcy cases in Louisiana and around the country force a type of class action settlement and deprive survivors of their right to a jury trial. Such bankruptcies also allow the Catholic Church to maintain the privacy of their files on abusive priests and the manner in which leadership (the bishops) mishandled these cases.
Bankruptcy has become the preferred strategy across the country for archdioceses and dioceses to handle sex abuse cases. Even religious orders have fallen suit. In most cases, bankruptcy does not serve the interests of justice and equity sought by survivors who want to hold the Catholic Church accountable for the harm it has caused in countless lives. The pursuit of justice is an integral part of the healing process for survivors since a foundational aspect of sexual abuse is the imbalance and misuse of power. The pursuit of justice allows survivors the opportunity to regain their power and autonomy. Bankruptcy thwarts this and prevents, in many instances, the healing process from reaching fruition.
