Here Is What Is Happening In Louisiana
Civil Statute of Limitations
Discovery Rule: Yes
Limitations Period: Age 21 + 10 years
Tolling: Yes
  • Delayed Statute of Limitations for Sexual Abuse of a Minor: 21 years of age + 10 years. La. Rev. Stat. Ann. § 9:2800.9 (2008).

  • Discovery Rule: Louisiana courts have appeared to apply a year one discovery rule where “some cause of action in not known or reasonably known by the plaintiff, even though his ignorance is not induced by the defendant.” Wimberly v. Gatch, 635 So.2d 206, 211 (La. 1994) (quoting Rajnowski v. St. Patrick’s Hospital, 564 So.2d 671 (La. 1990).
Criminal Statute of Limitations
Limitations Period: None for prosecutions of crimes for that are punishable by death or life imprisonment, including aggravated rape and forcible rape
Age 18 + 30 years (victims abused under age 17)
Tolling: Yes
Exceptions No
  • Delayed Statute of Limitations for Most Sexual Offenses Against Minors (18 + 30 Years); No Statute of Limitations for Particularly Serious Offenses: There is no time limitation for prosecutions of crimes for that are punishable by death or life imprisonment, including aggravated rape and forcible rape, La. Rev. Stat. §§ 14:42-42.1 (2008). La. Code. Crim. Proc. art. 571 (2008).

  • Prosecution for the following crimes, when committed against a minor, may be begun within 30 years from the time the victim reaches age 18: sexual battery, La. Rev. Stat. Ann. § 14:43.1 (2008), second degree sexual battery, id. § 14:43.2, oral sexual battery, id. § 14:43.3, felony carnal knowledge of a juvenile, id. § 14:80, indecent behavior with juveniles, id. § 14:81, molestation of a juvenile, id. § 14:81.2, crime against nature, id. § 14:89, aggravated crime against nature, id. § 14:89.1, incest, id. § 14:78, or aggravated incest, id. § 14:78.1. La. Code Crim. Proc. art. 571.1 (2008).
News Coverage
Date Title Author Source PDF
5/31/2007 States Move to Enact Laws Allowing the Death Penalty for Pedophiles: A Good Sign with Respect to Public Dedication to Protecting Children, But Potentially Not the Most Effective Way to Do So Marci Hamilton FindLaw
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