LAKE CHARLES, La. (WGNO) — In a landmark decision, Louisiana’s Third Circuit Court of Appeal upheld a 2021 state law that permits victims of childhood sexual abuse to sue for damages, even if their statutory deadline has lapsed.
This legal provision, known as a “lookback window,” received overwhelming approval during the 2021 legislative session. While the law is a notable win for survivors of childhood sexual assault, it faced challenges from entities now vulnerable to litigation.
The ruling from the Louisiana Third Circuit Court of Appeal followed a case where a man alleged he was molested by a priest in the early 1960s. The Lafayette diocese contested the claim, arguing that the statute of limitations had run out and that the 2021 law breached the church’s constitutional rights.
Attorney Richard Trahant, representing the plaintiff, highlighted that prior to this window, the statute of limitations covered sexual assault survivors only until they turned 28.
He further emphasized that the window potentially allows lawsuits against any entity, not just the Catholic Church. “While the exact number of these cases remains uncertain, we estimate around 500 victims of child rape in the Archdiocese of New Orleans bankruptcy,” Trahant noted.
Judge Elizabeth Pickett stated, “Reviving claims for sexual abuse meets a pressing public interest by enabling society’s most vulnerable members to seek justice for the enduring harm they’ve suffered.”
The legal team for the plaintiff issued a statement post-ruling.
“The Louisiana Third Circuit Court of Appeal’s decision marks a triumphant moment for all survivors of childhood sexual abuse. Evidence has long indicated that many survivors often remain silent until much later in life, with an average age of 52. The majority judges, particularly Chief Judge Pickett, have aligned the law with this understanding. We sincerely hope the Louisiana Supreme Court acknowledges the profound legal scrutiny in this verdict.”
Attorneys for Sam Doe: Richard Trahant, Soren Gisleson, and Johnny Denenea
Despite the appellate court’s decision, the matter might proceed to the Louisiana Supreme Court. Trahant added, “The archdiocese has indicated they intend to contest any claim where the survivor didn’t file before turning 28.”
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