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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 4:29 pm to Cosmo
quote:if you are, stay away from priests
Explain this to me like Im 10
Posted on 3/22/24 at 4:29 pm to Cosmo
quote:
Explain this to me like Im 10
The Louisiana legislature unanimously passed a law so that people who were molested as kids could file suit as adults against their molesters within a three year window. The Louisiana Supreme Court just sided with the child molesters and ruled the law unconstitutional.
Posted on 3/22/24 at 4:32 pm to TBoy
Explain it to him like the lawyer you allege that you are.
Posted on 3/22/24 at 4:32 pm to TBoy
I guess we will get to vote on this in the not-so-distant future as an amendment.
Posted on 3/22/24 at 4:32 pm to TBoy
quote:
The Louisiana Supreme Court just sided with the child molesters
I find your happiness concerning this ruling to be in line with the rest of your views.
Posted on 3/22/24 at 4:34 pm to boosiebadazz
quote:
Explain it to him like the lawyer you allege that you are.
Posted on 3/22/24 at 4:35 pm to jimmy the leg
quote:
I find your happiness concerning this ruling to be in line with the rest of your views.
Are you that poor of a reader?
This ruling is ridiculous.
This post was edited on 3/22/24 at 4:38 pm
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 4:36 pm to jimmy the leg
Randomly and temporarily changing statutory limitations for such a unique purpose is contrary to having them in the first place.
Molesters suck but have to side with courts on this one.
They could do this with any crime and make people defend themselves 20 years later.
Molesters suck but have to side with courts on this one.
They could do this with any crime and make people defend themselves 20 years later.
This post was edited on 3/22/24 at 4:41 pm
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 4:43 pm to Tigerlaff
I don't have a problem with this. The same needs to happen for women that claim they were raped 20 years ago.
Posted on 3/22/24 at 4:46 pm to Tigerlaff
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 on 3/22/24 at 4:47 pm to TBoy
quote:
The Louisiana Supreme Court just sided with the child molesters and ruled the law unconstitutional.
They sided with the law and not changing it after the fact. It was feel good legislation but if you let that one slide then what is to stop them from retroactivly changing laws to ensnare anyone they want or specifically target a political opponent.
Change the law now to extend the time period for children to report molestation going forward.
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 4:51 pm to Stexas
quote:
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.
I wonder how this will affect the Archdiocese of New Orleans’s bankruptcy case.
It should throw out some of those cases that came from the shadows looking for a payday.
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 4:58 pm to RealDawg
quote:
Randomly and temporarily changing statutory limitations for such a unique purpose is contrary to having them in the first place.
Molesters suck but have to side with courts on this one.
They could do this with any crime and make people defend themselves 20 years later.
Bingo.
Posted on 3/22/24 at 5:14 pm to TBoy
And yet Trump has a 30 year old rape case, after New York changed their law on reporting sexual assault.
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