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Mr. Lofton
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Experience:  25 years experience
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I was molested in 1981/82 by a friend of my family while ...

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I was molested in 1981/82 by a friend of my family while living in Slidell, LA. I am 40 years old and have decided to press charges. I would like to know what my legal rights are regarding suing for "damages"? I have been hospitalized twice for suicidial ideations and once for alcohol rehabilitation. Of course, this doesn''t beging to cover the pain and suffering I''ve incured throughout most of my life.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Mr. Lofton replied 6 years ago.

If you are attempting to sue an abuser for damages, then you must act within the time period of the civil statute of limitations, which is one year after the date of discovery of the abuse, or one year after your 18th birthday (whichever is longer). Unlike many other states that have a "delayed discovery rule" (which takes into account the relative frequency that the abuse can be "blocked out" and not remembered for years by the victim, and doesn't start the SOL until the memory has been "recovered"), Louisiana has no such rule. The "date of discovery" used here is meant only in it's actual mechanical sense (one year from the actual abuse). Louisiana courts do not recognize blocked out or recovered memories in civil cases.

[The above is quoted from this web site which you may want to read in full]:

http://www.legalmatch.com/law-library/article/louisianas-statute-of-limitations-for-sexual-abuse.html

All the best,

Customer: replied 6 years ago.
So, I am able to press charges, but not sue?
Expert:  Mr. Lofton replied 6 years ago.

Criminal Statutes of Limitations in LA are:

  1. The prosecution of the following crimes may commence at any time, La. Code Crim. Proc. art. 571: aggravated rape, La. Rev. Stat. Ann. § 14:42; forcible rape, LSA-C. Cr. P. Art. 571, and when the victim is under thirteen years of age " sexual battery, La. Rev. Stat. Ann. § 14:43.1; sexual battery in the second degree, La. Rev. Stat. Ann. §14:43.2; aggravated incest, La. Rev. Stat. Ann. § 14:78.1; and oral sexual battery, La. Rev. Stat. Ann. § 14.43.3.
  2. The prosecution of the following may commence within thirty years of the victim's eighteenth birthday when the victim was under the age of seventeen at the time of the commission of the offense: sexual battery, sexual battery in the second degree, oral sexual battery, felony carnal knowledge of a juvenile, indecent behavior with juveniles, molestation of a juvenile, incest, and aggravated incest. La. Code Crim. Proc. art. 571.1.
  3. The prosecution of cases of incest between an ascendant and descendant must occur within six years of the commission of the offense. Compare La. Code Crim. Proc. art. 572(A)(1) with La. Rev. Stat. Ann. § 14:78(D).
  4. Prosecution of the following offenses must occur within four years of the commission of the offense, La. Code Crim. Proc. art. 572(A)(2): simple rape, La. Rev. Stat. Ann. § 14:43; sexual battery, La. Rev. Stat. Ann. § 14:43.1; sexual battery in the second degree, La. Rev. Stat. Ann. § 14:43.2; oral sexual battery, La. Rev. Stat. Ann. § 14:43.3; incest, La. Rev. Stat. Ann. § 14:78; aggravated incest, La. Rev. Stat. Ann. § 14:78.1; felony carnal knowledge of a juvenile, La. Rev. Stat. Ann. § 14:80; indecent behavior with juveniles, La. Rev. Stat. Ann. § 14:81; and molestation of a juvenile, La. Rev. Stat. Ann. § 14:81.2.
  5. Prosecution of all cases of misdemeanor carnal knowledge of a juvenile must commence within two years of the offense. Compare La. Code Crim. Proc. art. 572(A)(3) with La. Rev.
  6. If the period of limitations has lapsed, prosecution for sex offenses may still commence within three years of establishing the identity of the offender with DNA evidence. La. Code Crim. Proc. art. 572(B).
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