Lafayette, Louisiana – The Supreme Court of Louisiana has made a landmark ruling, declaring a law that allowed victims of child sex abuse to sue their abusers many years after the crime as unconstitutional. While three justices dissented and provided their reasons, the court’s decision has far-reaching implications. The lawsuit in question, filed in St. Martin Parish, accuses the church of being aware of the sexual abuse perpetrated by the late Reverend Monsignor Kenneth Romain Morvant. The abuse allegedly occurred in the 1970s at a Catholic church and school in St. Martin Parish.
Typically, plaintiffs have a limited window of one year after the incident or injury to file a lawsuit, known as “prescription.” However, in 2021, the Louisiana legislature passed a “look-back law,” similar to those implemented in many other states, which extended the time frame for sex abuse victims to bring legal action. This law was the focus of the court’s ruling.
In its decision, the court stated that while it recognized the legislative intent behind the law, it found that the law violated the due process protections outlined in the state’s constitution. Consequently, the court declared Sections 2 of Acts 322 and 386, which revived the prescribed claims outlined in the case, as unconstitutional. This ruling overturned the previous decision of a lower court that had upheld the constitutionality of these laws.
Now, the case will return to the St. Martin Parish Court for further examination of the prescription issue. The purpose of this review will be to determine if there were any mitigating circumstances that prevented the plaintiffs from filing their lawsuit within the prescribed time frame. In similar cases of child sex abuse, courts have recognized that individuals who experienced abuse as children may have repressed memories, only recovering them years later.
It is important to note that the court’s ruling specifically applies to claims that had already expired under the previously prescribed time frame. However, the ruling suggests that if there are other reasons why a claim has not expired, such as mitigating circumstances, that would be evaluated separately.
The significance of this ruling extends beyond the particular case at hand. It carries implications for other victims of child sex abuse who may have sought legal recourse under the “look-back law.” This decision raises questions surrounding the constitutionality of similar laws in other states and how they may impact survivors seeking justice for past abuse.
If you or someone you know has been a victim of sexual assault, help is available. Various organizations and helpline numbers can provide support. It is crucial to reach out and report any suspected crimes to local law enforcement or call emergency services.
The Supreme Court’s complete ruling can be accessed through the provided iframe. This ruling marks a turning point in the legal landscape surrounding child sex abuse cases, emphasizing the importance of constitutional considerations in legislating justice for victims.