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Louisiana High Court: Priests Have a “Property Right” Not to Be Sued For Sexual Abuse
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| Contributor | RP |
| Last Edited | RP Apr 25, 2024 08:19am |
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| Category | Legal Ruling |
| Author | Steve Kennedy |
| News Date | Tuesday, April 9, 2024 02:00:00 PM UTC0:0 |
| Description | Over the course of years in the 1970s, several boys between the ages of eight and fourteen in St. Martinville, Louisiana, were repeatedly sexually assaulted by their parish priest, suffering serious physical and emotional trauma. Like most child sexual abuse survivors, they did not disclose the abuse until they were in their fifties and sixties. Recognizing the developmental and emotional difficulties preventing survivors from disclosing childhood abuse, in 2021, the Louisiana legislature unanimously passed the Louisiana Child Victims Act, which provided a three-year “look-back window” allowing survivors to file lawsuits that would otherwise be barred by the statute of limitations. The law, versions of which have been passed in about half of states, finally allowed the St. Martinville survivors to sue the church and diocese that harbored their abuser.
Enter the Louisiana Supreme Court. In an opinion written by Justice James Genovese and published on March 22, the court found an absolute property right in the institutions’ right not to be sued. The Louisiana Child Victims Act, wrote Genovese, “cannot be retroactively applied to revive plaintiffs’ prescribed causes of action,” since that would “divest defendants of their vested right to plead prescription”—to defend themselves by asserting that the statute of limitations had run. The decision essentially strikes down the look-back window, leaving survivors once again powerless to hold their abusers accountable. It is a harrowing example of the legal system’s ability to obscure the nature of disputes and turn survivors’ real-life trauma into euphemistic abstractions, while at the same time protecting powerful institutions in the name of otherwise ephemeral property rights. |
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