Summary: Effective June 25, 1993, Louisiana enacted a special statute of limitations allowing victims of child "sexual abuse" to bring actions within 10 years of attaining his/her majority. La. R.S. 9:2800.9. There is also a 3-years from majority statute of limitation for abuse. La. C.C. art. 3496.1.
Text:
La. R.S. 9:2800.9. An action against a person for sexual abuse of a minor, or for physical abuse of a minor resulting in permanent impairment or permanent physical injury or scarring, is subject to a liberative prescriptive period of ten [10] years. This prescription commences to run from the day the minor attains majority, and this prescription shall be suspended for all purposes until the minor reaches the age of majority. Abuse has the same meaning as provided in Louisiana Children's Code Article 603(1). This prescriptive period shall be subject to any exception of peremption provided by law.
La. C.C. Art. 3496.1. An action against a person for abuse of a minor is subject to a liberative prescriptive period of three years [3]. This prescription commences to run from the day the minor attains majority, and this prescription, for all purposes, shall be suspended until the minor reaches the age of majority. This prescriptive period shall be subject to any exception of peremption provided by law.
Commentary:
Retroactivity. The statute is applicable to any action brought after the effective date of the statute (June 25, 1993), but the statute will not "revive" claims was previously barred by a statute of limitations then in effect.
Applicability. The statute includes actions for sexual abuse against minors resulting from inadequate supervision. SS v. State, Department of Social Services, 02-0831, 831 So.2d 926 (La. 2002). The statute was held applicable to a Priest who had a spiritual relationship with a family and sexually abused a child while an overnight visitor. Johnson v. Roman Catholic Church for the Archdiocese of New Orleans, 844 So.2d 65 (La. App. 1st Cir. Feb. 2003), writs denied, 843 So.2d 401 (1993). See also, Doe v. Jones,
Louisiana also has a general discovery rule allowing suits to be brought within 1 year from date of discovery. But the discovery rule appears to be applied in a mechanical manner with no recognition of the problems survivors have in realizing the connection between abuse and injuries. Doe v. The Roman Catholic Church, 656 So.2d 5 (La. 1995); Senn v. Board of Sup'rs of Louisiana State University Agr. and Mechanical College, 679 So.2d 575, (La.App. 1996).
Louisiana also has a tolling (suspension) rule for minors allowing actions to be brought while the child is a minor until the minor's parents have notice of the abuse. See, e.g. Wimberly v. Gatch, 93-2361, 635 So.2d 206 (La. 1994).
Resources:
Louisiana Statutes and Laws
Louisiana Foundation Against Sexual Assault
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