Supporters of adult victims of adolescent sexual abuse have announced that they would petition the Supreme Court of Louisiana to reexamine a decision that invalidated 2021 legislation that would have allowed them to sue for civil damages related to their molestation.
This decision defied the trend. Proponents point out that 24 other states have statutes that have been ruled constitutional that reinstate the right of victims of child abuse to file lawsuits. Utah was the one nation where legislation of that kind was declared unconstitutional before last week’s 4-3 ruling in New Orleans.
Attorney Richard Trahant, who represents victims of sexual abuse in court, announced on Monday that the Louisiana Supreme Court will be requested to reexamine its decision from Friday. “With all due respect, every one of the 4 justices in the majority might change their votes.
The president of the organization Survivors of Childhood Sexual Abuse, Richard Windmann, predicted that supporters of the bill would appeal to the US Supreme Court.
Advocacy groups also suggested changing the state constitution, a move that would need the consent of all state voters as well as two-thirds of the state House and Senate.
“We are confident as hell NOT giving up!” Kid USAdvocacy’s executive director, Kathryn Robb, stated via email.
How many individuals might be impacted by the decision was unknown. According to Trahant, many of the additional 500 claims associated with an archdiocese bankruptcy lawsuit will likely be “disallowed or minimized” by the Archdiocese of New Orleans.
It is more difficult to estimate the amount of new lawsuits that haven’t yet been filed, according to Trahant. “Some of our cases have remained in a holding pattern for 3 years, and for some victim-survivors, it has been an agonizing wait.”