Acts 322 and 411 extended prescriptive periods and created causes of action for two different types of sexual abuse tort claims.

Act 322 amended the prescriptive periods found in Louisiana Revised Statutes 9:2800.9 to remove any time period within which a suit for damages for the sexual abuse of a minor must be filed. The statute now reads:

(A)(1) 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 does not prescribe.

(2) An action against a person convicted of a crime against the child does not prescribe and may be filed at any time following conviction…

A crime against a child is defined in the Children’s Code, Article 603(12) as any of the following: Homicide, Battery, Assault, Rape, Sexual battery, Kidnapping, Criminal neglect, Criminal abandonment, Carnal knowledge of a juvenile, Indecent behavior with juveniles, Pornography involving juveniles, Molestation of a juvenile, Crime against nature, Cruelty to juveniles, Contributing to the delinquency or dependency of children, Sale of minor children, Human trafficking, Trafficking of children for sexual purposes, and Female genital mutilation.

This Act also revives any claim described above which may have already prescribed for a period of three years from the effective date of the act (June 14, 2021). This means that any claims arising under the circumstances above that may have prescribed under prior versions of the law now have 3 years from June 14, 2021, to be filed and litigated.

Act 411 creates Louisiana Civil Code Article 2315.11 establishing exemplary damages for the tort of sexual assault in the workplace. These exemplary damages are only applicable to the perpetrator, not their employer. If a claim under this provision is found to be frivolous or fraudulent, the plaintiff shall be cast with costs and attorney fees for the defendant and may also be sanctioned by the Court. The prescriptive period for this offense is 3 years from the date of the offense or from the date the plaintiff is notified by law enforcement of the identity of the perpetrator, whichever is later. Finally, this statute draws its definition of sexual assault from La. R.s. 46:2184: ““sexual assault” means any nonconsensual sexual contact including but not limited to any act provided in R.S. 15:541(24) or obscenity (R.S. 14:106).”

If you or someone you know is facing accusations of sexual assault, give us a call at (318) 459-9111 to set up a c consult.