- My Forums
- Tiger Rant
- LSU Recruiting
- SEC Rant
- Saints Talk
- Pelicans Talk
- More Sports Board
- Fantasy Sports
- Golf Board
- Soccer Board
- O-T Lounge
- Tech Board
- Home/Garden Board
- Outdoor Board
- Health/Fitness Board
- Movie/TV Board
- Book Board
- Music Board
- Political Talk
- Money Talk
- Fark Board
- Gaming Board
- Travel Board
- Food/Drink Board
- Ticket Exchange
- TD Help Board
Customize My Forums- View All Forums
- Show Left Links
- Topic Sort Options
- Trending Topics
- Recent Topics
- Active Topics
Started By
Message
LA Supreme Court just struck down law expanding time to file suit against molesters
Posted on 3/22/24 at 4:20 pm
Posted on 3/22/24 at 4:20 pm
The Louisiana Supreme Court just released Bienvenu v. Defendant 1 and Defendant 2, 2023-CC-01194, a suit against a molesting priest. The Supreme Court reviewed the case to consider whether La. R.S. 9:2800.9, which revives certain prescribed child sex abuse claims for a limited three-year period, conflicts with the due process protections set forth in Article I, Section 2 of the Louisiana Constitution.
The Supreme Court found that the child molesters have a "property right" in having the claims against them prescribe. The legislature had unanimously voted to extend the prescriptive period to open a window in which prescribed claims could be asserted. I agree with Judge Crain in dissent, who wrote the following:
Bingo.
The Supreme Court found that the child molesters have a "property right" in having the claims against them prescribe. The legislature had unanimously voted to extend the prescriptive period to open a window in which prescribed claims could be asserted. I agree with Judge Crain in dissent, who wrote the following:
quote:
The statute at issue addresses only perpetrators of alleged sexual abuse. The majority interprets the Louisiana constitution to give them protection found nowhere else in our law. In doing so, the majority elevates a “vested” right to a status of protection not enjoyed by our most fundamental rights, such as the right to bear arms, the right of free speech, and the right to exercise one’s religion. I disagree.
Bingo.
9
Posted on 3/22/24 at 4:26 pm to TBoy
Explain this to me like Im 10
Posted on 3/22/24 at 4:36 pm to TBoy
No link or anything?
You are a gobbler of fake news so I am going to need more than a few clips from a random site
You are a gobbler of fake news so I am going to need more than a few clips from a random site
Posted on 3/22/24 at 4:39 pm to TBoy
Look, I think child molesters should just be summarily shot by family members, but civil claims have to prescribe. There are huge problems with subjecting a civil defendant to suit with only a preponderance burden of proof after 30, 40, 50 years.
If the legislature feels this strongly about it, then eliminate prescription for the criminal charge just like we do for murder. Beyond a reasonable doubt should be the standard after that length of time.
ETA: the criminal charge for first degree rape never prescribes and the criminal charge for molestation of a minor prescribes 30 years after 18th birthday of the victim. So change that if you want. I have never practiced one second of criminal law in my life.
If the legislature feels this strongly about it, then eliminate prescription for the criminal charge just like we do for murder. Beyond a reasonable doubt should be the standard after that length of time.
ETA: the criminal charge for first degree rape never prescribes and the criminal charge for molestation of a minor prescribes 30 years after 18th birthday of the victim. So change that if you want. I have never practiced one second of criminal law in my life.
This post was edited on 3/22/24 at 4:46 pm
Posted on 3/22/24 at 4:50 pm to TBoy
Child molesters suck, but would this law effectively allow old cases that couldn't have been tried to be tried now? Seems like it should be from a go forward basis.
Posted on 3/22/24 at 4:52 pm to TBoy
Does anyone know if the St George opinion came out? I thought it was supposed to be released this week
Posted on 3/22/24 at 6:48 pm to TBoy
Louisiana is becoming more and more like California.
Posted on 3/22/24 at 8:19 pm to TBoy
The better reasoning would be expost facto.
Posted on 3/22/24 at 8:28 pm to TBoy
quote:
of the Louisiana Constitution.
Here is the real problem. Our state has way too much in the constitution, and every election there are 6 or 7 more amendments to vote on.
It’s ridiculous.
Still, I’m guessing that the legislature can now just send this to the voters to add to the constitution, and then their decision becomes moot.
Posted on 3/22/24 at 8:52 pm to TBoy
Bergdorf fingerbang victim gonna learn a hard lesson
Page 1 of 1
Popular
Back to top
Follow TigerDroppings for LSU Football News