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'Lookback window' for sex abuse victims to sue assailants ruled unconstitutional

'Lookback window' for sex abuse victims to sue assailants ruled unconstitutional
WWL.com

The Louisiana Supreme Court ruled Friday that sex abuse survivors cannot sue their alleged assailants once the original statute of limitations has expired.

In a 4-3 ruling, the court ruled that while the state legislature can extend the period for filing civil lawsuits, known as prescription, once a claim has already prescribed, it can no longer be filed.


"Guided by Louisiana’s civil law tradition, we decline to upend nearly a half of a century’s jurisprudence that recognizes the unique nature of vested rights associated with liberative prescription," wrote Justice Jay Genovese in the majority opinion.

The ruling drew quick condemnation from victims' rights advocates.

"Once again, they are being silenced. Child molesters, and the organizations that enable and protect child molesters, are rejoicing over this ruling," said attorney Kristi Schubert to NOLA.com. She works for a law firm representing dozens of clients who have accused clergy of sex abuse.

The ruling came in a case against the Catholic Diocese of Lafayette, but the decision has the potential to be far-reaching, including hundreds of claims filed against the Archdiocese of New Orleans.