How To File A Sex Assault Lawsuit In Louisiana
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Reviewed By Adam Ramirez, J.D.
Editor
Summary
- After a sexual assault in Louisiana, you have two years to file a lawsuit
- If you were sexually abused as a child, there’s no statute of limitations
- A lawyer can help victims understand their legal options to pursue justice
If you’ve survived a rape or sexual assault in Louisiana, you might not know where to go or what to do next. While you can’t undo the assault and its impact, taking steps toward justice can be an instrumental part of helping you heal.
Justice doesn’t always happen in criminal court. In some cases, survivors have found that filing a civil lawsuit helps them find closure.
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Statute of Limitations to File Sexual Assault Lawsuits in Louisiana
In the state of Louisiana, time is limited for survivors of sexual assault to begin a claim. As of July 2024, you have two years from the date of the assault to file a civil lawsuit. Previously, the statute of limitations was one year.
In 2021, Louisiana also passed a law removing the statute of limitations for sex crimes against children, granting extra protection for the state’s most vulnerable population.
Exceptions That May Extend the Deadline in Louisiana
Some circumstances may extend the statute of limitations. For instance, if you were deemed mentally incompetent at the time of the assault, you may have longer to file. The statute of limitations also may be paused if your assailant leaves the state or hides themselves to avoid detection.
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What Allegations Go Into a Sexual Assault Civil Lawsuit?
Most survivors are understandably hesitant to discuss or relive their assault. However, your lawsuit must include your allegations. Your attorney will likely gather several pieces of evidence to support your claim:
- Your testimony
- Witness statements
- Electronic communication records
- Surveillance footage
- Photos of your injuries
- Results of your forensic exam
Revisiting the assault to put together a lawsuit can be extremely difficult, but the right lawyer will offer compassionate support throughout.
How a Lawyer Can Help Survivors in Louisiana
If you think filing a lawsuit might be the next best step for you, a Louisiana personal injury lawyer may be able to help. At your initial meeting, the lawyer will tell you whether they think you have a viable case. If they believe you have a good chance of winning, the lawyer will likely offer to represent you.
Most of these attorneys work on contingency, which means you only pay if they recover compensation for you. If they don’t, you pay nothing.
The legal process can be complex, but it all starts with an initial consultation. ConsumerShield may be able to help you find a lawyer to deliver the competent representation you need. Fill out our contact form to get started with a free case review!
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Frequently Asked Questions
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In a criminal case, there is a presumption of innocence until the defendant is proven guilty. In a lawsuit, the defendant will be held liable if there is a preponderance of evidence in your favor. Because the burden of proof is lower, it’s often easier to win a civil case.
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Yes. You may file a lawsuit regardless of whether you reported your assault at the time or not.
