Victims of sexual abuse or sexual assault in Louisiana can file civil lawsuits against their abuser and other third parties, such as schools, churches, etc. Our sex abuse lawyers help victims get financial compensation by filing civil lawsuits against parties who negligently allowed the abuse to occur or failed to prevent it.
In this post, we will look at the process of filing a civil lawsuit for sexual abuse in Louisiana. We will look at the relevant laws regarding sex abuse, and the average settlement amounts and jury payouts victims see in these lawsuits. Our lawyers also give you the most recent updates on settlements and verdict in sex abuse lawsuits.
If you are considering filing a civil lawsuit for sexual abuse, contact us online or call 800-553-8082 for a free consultation.
News & Updates:
October 19, 2024 – Residential Treatment and Juvenile Detention Abuse Lawsuits
Our national team of sex abuse attorneys is now focusing on cases of abuse and neglect in residential treatment facilities throughout Louisiana. These facilities have come under heavy scrutiny following a Senate investigation that revealed widespread systemic abuse and neglect.
The investigation uncovered a troubling pattern of misconduct and mistreatment, including physical and sexual abuse, in facilities funded by taxpayer dollars, such as Medicaid and child welfare programs. Several companies operating these facilities were named in the report, including Universal Health Services (UHS), Acadia Healthcare, and Devereux Advanced Behavioral Health.
There is also renewed focus on sex abuse lawsuits involving the abuse of inmates in Louisiana juvenile detention centers. Juvenile detention centers have been plagued by systemic neglect and sexual abuse of inmates, and a growing number of these lawsuits are being filed.
Below are some of the major residential treatment facilities and juvenile detention centers in Louisiana that have been the target of recent sex abuse lawsuits:
- Acadiana Center for Youth at St. Martinville
- Brentwood Hospital
- Jackson Parish Jail
- Jetson Correctional Center for Youth
- Louisiana Berbard Parish Prison
- Tallulah Correctional Center for Youth
- Bernard Parish Juvenile Detention Center
- Swanson Center for Youth
Defining Sex Abuse in Louisiana
The legal definition of sexual abuse or assault in Louisiana is similar to the definition in most other states. According to Louisiana law, any unwanted and deliberate sexual touching or contact can be categorized as sex abuse, with the touch being deemed “sexual” when involving a person’s intimate body parts and for the purpose of sexual gratification.
In practical terms, sexual abuse encompasses almost any type or level of sexual contact from groping to forcible rape. Two crucial elements must be present to meet the criteria for sexual abuse: (1) “sexual” touching and (2) absence of consent.
The first element, physical or sexual touching, requires actual contact of a sexual nature for an act to qualify as sexual abuse or assault; verbal sexual harassment alone does not meet the definition of abuse.
The second element revolves around consent. The absence of consent is the defining factor across all forms of sexual assault. Non-consensual sexual touching automatically constitutes abuse or assault. Minors, individuals under 18 years old, lack the legal capacity to provide consent. This means that any sexual touching by an adult involving a minor is inherently considered sexual abuse.
Who Can Be Liable for Sexual Abuse in Louisiana?
Victims of sexual abuse or assault can obviously sue the individual person that actually committed the acts of abuse. In many cases, however, suing the abusers is somewhat pointless because unless that person is very wealthy, you won’t be able to get any money out of them.
The criminal who actually committed the abuse rarely has the deep pockets necessary to cover civil liabilities. So the primary challenge for sex abuse attorneys is proving that the church or employer who was responsible for supervising the perpetrator “knew or should have known” – the standard under Louisiana law – about the perpetrator’s behavior and propensity for abusing minors.
Because such abuse often happens in private, it can sometimes be difficult to establish the employer’s knowledge or negligence. But it is usually pretty easy. Because what our sex abuse lawyers see in these cases is most perpetrators leave tons of breadcrumbs that are ignored. The evidence in these cases is often loaded with inappropriate behavior by the perpetrator, meetings with children in private, or giving gifts and attention to children would make anyone who cared enough want to investigate further.
Even if the employer claims no knowledge of the abuse, they can still be held liable if they were negligent in their hiring or supervision of the perpetrator. To establish liability, an attorney should investigate whether there were protocols in place to prevent abuse and whether staff followed these protocols.
Louisiana Statute of Limitations for Sex Abuse Civil Cases
Louisiana is among the growing number of states that has recently changed its statute of limitations laws to make it easier for victims of child sexual abuse to file civil lawsuits. In 2021, Louisiana eliminated its statute of limitations for all future civil lawsuits based on child sexual abuse. This means there is no SOL for child sex abuse lawsuits based on abuse occurring after January 1, 2021.
As part of that same law, Louisiana also created a 3-year “lookback window” which gave victims of child sexual abuse a period of three years to file civil lawsuits free of any SOL limit and regardless of how long ago the abuse occurred. Unfortunately, that three-year lookback window expired in June 2024. La. Stat. Ann. § 9:2800.9 (2021)
Louisiana law includes a doctrine called “contra non valentem,” which allows for the suspension of the prescription period in cases where the victim is unable to act (e.g., due to repressed memories). However, courts were often reluctant to apply this doctrine in sex abuse claims, making it difficult for victims to use this as a basis for extending the time to file a lawsuit.
Challenges to the Constitutionality of New Louisiana SOL Law
In Bienvenu v. Doe, the Louisiana Supreme Court addressed the constitutionality of La. Rev. Stat. § 9:2800.9, which revived certain child sex abuse claims that had previously expired due to prescription (similar to the statute of limitations in other jurisdictions), allowing them to be filed within a three-year window. The plaintiffs alleged they were sexually abused by a priest during the 1970s. They sought to use this law to bring their claims despite the passage of time.
Unfortunately, the Court found that while the legislature intended for the law to apply retroactively to provide victims a chance to seek justice, such retroactive application conflicted with the due process protections outlined in the Louisiana Constitution. Specifically, the Court held that a defendant’s right to assert prescription—a vested property right once a claim has been prescribed – legal mumbo jumbo if you have ever heard it- cannot be retroactively taken away without violating constitutional due process guarantees. So the court ruled that the legislation was unconstitutional because it attempted to revive claims for which prescription had already accrued.
Still, the case is not over. The court remanded the case back to the trial court to consider whether there had been any interruption or suspension of prescription that might allow the plaintiffs’ claims to proceed, such as through the doctrine of contra non valentem, which prevents prescription from running against a person who is unable to bring their suit due to certain conditions. But, again, the courts have not given us much hope that this is a viable path for victims.
No matter how you slice it, this is a big loss for sex abuse victims in Louisiana.
Clergy Sex Abuse and the Archdiocese of New Orleans
The Archdiocese of New Orleans has been embroiled in a long-standing crisis involving allegations of child sexual abuse by clergy members.
As part of a bankruptcy settlement process, the Church has publicly committed to releasing decades-old documents detailing these abuses once the Church’s bankruptcy case concludes. This decision follows years of legal and financial challenges, including a recent search warrant issued by the Louisiana State Police as part of a criminal investigation into the archdiocese’s handling of abuse allegations.
The Archdiocese of New Orleans filed for Chapter 11 bankruptcy in May 2020 amid increasing claims of child sex abuse. As the bankruptcy process continues, discussions about settlement amounts and nonmonetary provisions, such as restorative justice programs, are ongoing. The ultimate goal is to reach a settlement that both provides justice and compensation to the survivors.
The Archbishop has been encouraging. He has expressed willingness to engage directly with abuse survivors, proposing meetings in a “safe space” to allow them to share their experiences. These meetings, however, would be private, excluding public and media presence. This initiative is part of broader efforts towards healing and accountability. While long overdue, this effort is welcomed. But a part of the healing is offering fair settlement amounts to victims.
Louisiana Detention Center Sex Abuse Lawsuits
Louisiana’s juvenile hall detention system has been criticized for inadequate protections against sexual abuse, leading to several high-profile lawsuits, federal investigations, and criminal prosecutions. These cases allege a systemic failure by the OJJ and state authorities to protect juvenile inmates from sexual exploitation and assault, despite known risks and incidents.
Victims of such abuse are entitled to file lawsuits seeking compensation and accountability for the trauma they endured. The rising number of these lawsuits highlights serious concerns about the safety and management practices within Louisiana’s juvenile detention facilities, calling for urgent reforms and better protective measures to safeguard vulnerable youth.
Settlements and Verdicts in Louisiana Sex Abuse Lawsuits
In Louisiana sex abuse lawsuits, settlement amounts depend on several factors, like how severe the abuse was, how long it lasted, and the emotional and mental harm it caused the victim. Courts and lawyers look at medical costs, such as therapy or counseling, and whether the abuse affected the victim’s ability to work. Pain and suffering damages are also a big part of the payout, meant to compensate for things like anxiety, PTSD, or emotional distress. These damages can be harder to measure since they are based on personal experiences.
The responsibility of the defendant also plays a big role, especially if the abuse happened under the watch of a church, school, or other organization. If it’s shown that the institution ignored or covered up the abuse, the settlement may include punitive damages to punish the wrongdoing and prevent it from happening again. Louisiana laws—like the removal of the statute of limitations for certain abuse claims—and available insurance coverage also affect the final payout. Since every case is different, settlements are based on the unique details of each victim’s situation.
Below are example sex abuse settlements and jury payouts in Louisiana. The common thread in many of these cases is obvious: Rev. Gilbert Gauthe. Regardless of the fact that so many involve a single defendant, this gives you some idea of how these cases are valued for settlement and by juries.
- $1,250,000 Verdict: The victim, an 11-year-old boy, claimed he suffered sexual abuse and assault at the hands of Rev. Gilbert Gauthe. The boy’s parents said sexual abuse by the priest caused him to have severe emotional problems. Rev. Gauthe had previously pleaded guilty to 33 counts of sexual molestation of altar boys and was sentenced to 20 years in prison.
- $75,000 Verdict: A minor female suffered severe mental and physical injuries when she was sexually molested by defendant over a period of six months. Plaintiff contended she will continue to incur expenses for medical and other professional services as a result of the sexual abuse and emotional damages.
- $170,000 Verdict: The plaintiff claimed that he was sexually abused by a man who, along with his wife, headed the local church youth group that the plaintiff was a part of. The jury found that the church was not liable and awarded the verdict only against the individual abuser.
- $267,500 Verdict: The female plaintiff alleged that she was sexually molested by the defendant, a family friend and neighbor, from the time she was age 9 until she was age 14.
- $1,800,000 Verdict: In a lawsuit against the Catholic Diocese of Lafayette the plaintiff, a former altar boy, claimed that he was sexually molested by Rev. Gilbert Gauthe, the same priest we talk about above. The child was victimized more than 30 times when he was an altar boy at St. John’s Catholic Church in Henry, LA.
- $1,000,000 Settlement: A family received a $1,000,000 settlement after their child was sexually abused by Rev. Gilbert Gauthe. The lawsuit claimed that the abuse caused severe emotional trauma. Rev. Gauthe had a history of abusing altar boys and was previously sentenced to 20 years in prison after pleading guilty to multiple counts of sexual molestation.
- $170,000 Verdict: A volunteer abuser was ruled not to be an employee of the church, but an award of $170,000 was made against the abuser for the sexual abuse of a minor.
- $49,000 Settlement: The diocese covered the cost of treatment and psychology, amounting to $49,000, for a victim who was molested by clergy members.
- $5,182,000 Settlement: The Archdiocese of New Orleans and Catholic Charities paid a total of $5,182,000 to settle lawsuits from twenty adults who alleged they were beaten, berated, and sexually molested at two Catholic orphanages, Madonna Manor and Hope Haven, during the 1940s to 1970s.
- $550,000 Settlement: A victim of Deacon George Brignac received a $550,000 settlement from the Archdiocese of New Orleans for sexual abuse.
- $106,000 Settlement: A victim who was raped by Carl Davidson in 1980, when they were 17 years old, received a $106,000 settlement from the church.
- $150,000 Settlement: A victim of abuse by Carl Davidson, who was a classmate of another victim, received a $150,000 settlement, along with $10,000 for counseling.
- $37,000 Settlement: The Archdiocese of New Orleans provided a confidential $37,000 settlement in 2018 to the father of a victim who accused Lawrence Hecker of abuse. The settlement did not admit liability.
- $30,000 Settlement: A 2019 settlement of $30,000 was made in a case involving Deacon George Brignac, where the victim accused him of sexual abuse.
- $88,500 Settlement: The Archdiocese of New Orleans paid an $88,500 settlement for a case involving Deacon George Brignac.
- $106,000 Settlement: A victim of sexual abuse by Carl Davidson received a $106,000 settlement from the church.
- $85,000 Settlement: A settlement worth $85,000 was reached in 2013 for a claim involving sexual abuse by Deacon George Brignac.
- $332,500 in Settlements: Over a ten-year period starting in 2010, the Archdiocese of New Orleans paid at least $332,500 in out-of-court settlements on five complaints against Lawrence Hecker.
- $1,800,000 Verdict: A victim was awarded $1,800,000 in a lawsuit claiming that the sexual abuse they suffered from Rev. Gilbert Gauthe led to long-term psychological damage. The jury awarded $1,550,000 to the victim and $250,000 to their parents. Gauthe had admitted to abusing multiple children and was previously sentenced to prison.
- $405,000 Settlement: A family received a total settlement of $405,000 after their child was abused by Rev. Gilbert Gauthe, with $270,000 allocated to the child and $30,000 to the parents. This settlement was part of secret agreements reached with the Diocese of Lafayette to resolve abuse claims against Gauthe, who had a long history of molesting children.
- $4,200,000 Settlement: Six families with nine children reached a collective settlement of $4,200,000 with the Diocese of Lafayette for the sexual abuse perpetrated by Rev. Gilbert Gauthe. The families alleged that the diocese failed to protect their children from Gauthe, who was known to have a history of abusing minors.
- $5,500,000 Settlement: Thirteen children from nine families received a total of $5,500,000 in settlements for sexual abuse by Rev. Gilbert Gauthe. This settlement was part of the Diocese of Lafayette’s efforts to resolve claims against Gauthe, who had admitted to sexually abusing numerous altar boys.
You have to remember that with many of these smaller settlements, the statute of limitations had already passed. So the claims had not value in court. This is a case of the Church wanting to help victims, or, if you are more cynical, looking to put claims to bed in the event the statute of limitations in sex abuse lawsuits in Louisiana changed.
The Problem of Priest Clergy Abuse in Louisiana
Besides Gauthe, another common focus on Louisiana sex abuse claims is 92-year-old retired Louisiana priest Lawrence Hecker. He was recently arrested for raping a teenage boy in the 1970s. The delayed prosecution – and lost chance at justice because he is no longer fit to stand trial – is attributed to a pervasive cone of silence surrounding the Catholic church and the courts, which has protected abusers like Hecker for decades. Despite Hecker’s confession to the Catholic church in 1999, the crimes were kept secret by four archbishops until 2018, when persistent efforts by victims and journalists finally brought his actions to light.
Everyone understand now, including some very well intention Church officials today, that this case is not an isolated incident but part of a broader pattern of abuse by Catholic clergy across the United States and the world. Louisiana has been a particular focal point of clergy abuse since the 1980s.
Unfortunately, the reality is still that the Church continues to resist transparency and accountability, as evidenced by ongoing controversies over who is listed as “credibly accused” and the use of bankruptcy to avoid settlements. The FBI’s current investigation into interstate child abuse involving Louisiana clergy, under the Mann Act, represents a potential new avenue for holding abusers accountable, as this federal law has no statute of limitations.
Recent Louisiana Sex Abuse Settlements and Lawsuits Updates
October 15, 2024: $1 Sex Abuse Verdict
The New Orleans Police Department was found liable in a civil lawsuit for the repeated sexual assault of a teenage victim by one of its officers. A jury awarded the victim $1 million in damages. The case highlights how the officer exploited his position of authority to carry out the assaults while the police department sat on its hands.
The facts of the case are horrifying and is it hard to imagine the jury only awarded $1 million. The then-53-year-old officer met the girl when she was 14 when he escorted her to undergo a forensic examination known as a rape kit after another man had sexually assaulted her, authorities said.
He gave the young girl his personal cellphone number, and he would frequently show up at her home unannounced, often while wearing his police uniform. Clearly trying to groom her, he began making sexual comments, asking her for naked pictures and exposed himself on video calls.
This escalated to sexual assault–he showed up at her house, and told her to get into his patrol car, and locked the door and raped her. This happened a second time.
In 2023, the officer admitted guilt in a federal case for molesting the child and was sentenced to 14 years in prison. (He died in prison of cancer six months into his sentence.)
Plaintiff’s lawyer argued convincing at trial that the officer had a troubling history of complaints and disciplinary actions prior to the assaults, raising the obvious question: why didn’t the department see the problem and intervene earlier to protect women like the plaintiff? The were specifically told of the inappropriate relationship between the officer and the child and nothing happened.
October 2, 2024: Calculating Sex Abuse Lawsuit Settlements in Louisiana
It is not easy to calculate settlement payouts in sex abuse lawsuits. There are a lot of variables. The amount of these settlements can vary widely depending on the case’s specifics.
But there are key factor that tend to drive compensation amounts in most claims. One factor—the main factor — is the defendant’s ability to pay. Large institutions or organizations that have insurance are almost always a necessary component of a successful sex abuse settlement.
Beyond that, the next big factor that will influence the size of a settlement is the severity of the abuse suffered by the victim. Victims who have suffered more severe abuse, such as repeated assaults over a long period, may be awarded larger settlements than those who experienced a single instance of abuse.
Another critical factor in determining settlement amounts for Louisiana sex abuse lawsuits is the degree of negligence by third parties, such as churches, schools, or youth organizations, that had a duty to protect victims. When there is evidence that these institutions knew about the abuse or had clear opportunities to prevent it but failed to act, the negligence becomes especially egregious.
Cases involving cover-ups, repeated warnings that were ignored, or deliberate efforts to protect abusers will almost invariably result in higher settlements. The more reckless the institution’s behavior, the stronger the case for higher compensation.
Finally, the legal team representing the victim can also play a role in determining the size of a settlement. Experienced attorneys with a track record of success in sex abuse cases may be able to negotiate larger settlements on behalf of their clients.
Contact Our Louisiana Abuse Lawyers
Tort lawsuits provide a path for victims of sexual abuse to seek civil justice, even when criminal convictions are not secured. In Louisiana, survivors have successfully sued not only their abusers but also institutions like churches, dioceses, and schools that employed or supervised the abusers.
If you are considering filing a civil lawsuit for sex abuse in Louisiana, contact us online or call 800-553-8082 for a free consultation.