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re: LA Supreme Court just struck down law expanding time to file suit against molesters

Posted on 3/22/24 at 4:39 pm to
Posted by Tigerlaff
FIGHTING out of the Carencro Sonic
Member since Jan 2010
20945 posts
Posted on 3/22/24 at 4:39 pm to
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.
This post was edited on 3/22/24 at 4:46 pm
Posted by TDTOM
Member since Jan 2021
15341 posts
Posted on 3/22/24 at 4:43 pm to
I don't have a problem with this. The same needs to happen for women that claim they were raped 20 years ago.
Posted by Stexas
SWLA
Member since May 2013
6071 posts
Posted on 3/22/24 at 4:46 pm to
Couldn’t agree more with you on this. This is about trial lawyers getting a shot at big money judgments not about justice for the victims.
Posted by tLSU
Member since Oct 2007
8630 posts
Posted on 3/22/24 at 6:55 pm to
I don't care if they make certain claims never prescribe. The issue I had was taking a claim which already prescribed and subsequently changing the prescriptive period and letting it proceed. And the prescriptive period really isnt unreasonable. It's by the age 28. 10 years into adulthood.
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