Sexual abuse and assault are major problems in the state of Louisiana. These acts have severe consequences for the abuse victims that extend beyond the physical. Many sexual abuse survivors deal with lifelong emotional trauma as a result of their suffering.
Rosenfeld Injury Lawyers are committed to supporting survivors of sexual abuse and sexual assault through civil lawsuits. Victims of sexual assault and abuse can pursue compensation for their suffering. Our team of sexual abuse lawyers will give you the best chance of recovering damages so you can focus on physical and emotional recovery.
WE ARE ONLY ACCEPTING SEXUAL ABUSE CASES INVOLVING INSTITUTIONS.
IF YOU HAVE A MATTER INVOLVING A RELATIVE OR ACQUAINTANCE, PLEASE CONTACT YOUR LOCAL BAR ASSOCIATION
Why Choose Rosenfeld Injury Lawyers
The purpose of pursuing a civil sexual abuse lawsuit is to earn compensation for legal damages. Our team has a long history of winning the highest possible settlement for our clients. We also understand the importance of showing compassion to survivors of sexual abuse and assault since they have suffered from a traumatic experience.
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Before you start working with us, we offer a free case review during which you can ask any and all questions about a civil lawsuit. If you decide to work with our team, an experienced attorney will investigate your claim and assess all possible damages. Our goal is to ensure that your settlement fully addresses all your losses, both economic and non-economic.
Throughout the legal process, we will fight for your rights under Louisiana law so you can focus on healing and recovering financially.
Understanding Sexual Abuse and Assault
Understanding legal definitions is essential for a civil lawsuit and a potential criminal proceeding. Sexual assault and sexual abuse have slightly different definitions under state law.
Sexual assault is considered a sexual act against another person without that person’s consent or with threats. Sexual abuse may include unwanted exposure to sexually explicit material, language, or contact.
Sexual abuse and sexual assault both typically occur when there is a power imbalance between the two parties. Additionally, the lack of consent is usually a factor. According to recent studies, roughly two out of five adults in Louisiana have experienced sexual violence or violence in their lifetime [1].
Common Forms of Sexual Abuse
Sexual abuse can take many forms. Here are a few scenarios where sexual abuse and sexual assault are occurring.
- Unwanted physical contact – Physical contact with either a body part or object that is of a sexual nature is sexual abuse
- Child sexual abuse – The standard for what constitutes sexual abuse of a child is much lower because of their vulnerability and inability to give legal consent
- Sexual exposure – Exposing a person to sexual imagery or flashing them without their consent is sexual abuse
- Sexual exploitation – If the perpetrator uses threats, authority, trust, or vulnerability to commit sexual acts with an unwilling individual, they may be guilty of sexual exploitation
- Sexual intercourse – Penetrative sex or sexual oral acts with a non-consenting individual is considered sexual assault
- Clergy abuse – Sexual abuse by religious leaders who exploit their authority and trust
Institutions Where Sexual Abuse Is Most Likely to Occur
In the cases we handle, sexual abuse survivors often become victims within certain institutions, which may be held liable if the abuse occurred on their premises. Below are some of the institutions where sexual abuse and assault are most likely to occur:
Workplace
Workplaces frequently face incidents of sexual harassment, abuse, and assault. Often, these instances occur because of the power imbalance between employers and employees.
Inpatient Treatment Facilities
This type of institution cares for patients who stay overnight, such as hospitals or rehabilitation clinics. Unfortunately, people in these facilities are often vulnerable to sex crimes or abuse, especially from staff or visitors.
Correctional Facilities
Prisons are often locations that experience high rates of sexual abuse and sexual assault. These incidents occur primarily between prisoners and guards or other inmates. Correctional facilities have significant power dynamics that make them open to exploitation.
Foster Care
Although foster families are usually vetted well before children are placed in their care, abusers can slip through the cracks. Many child sexual abuse survivors went through the foster care system and were abused by their families.
Daycare Facilities
When a parent or guardian drops their child off at daycare, they trust the staff to take care of them. Unfortunately, some staff or others who visit the daycare could be abusers and take advantage of the innocence of a child.
Educational Institutions
Places of learning place administrative staff, teachers, and students in one place. Often, the power dynamics between these groups can lead to inappropriate relationships or situations.
Religious Institutions
Clergy abuse is a significant problem among religious institutions such as the catholic church. Clergy abuse is often caused by the power imbalance between a priest or spiritual leader and a child or church member who trusts them.
Nursing Homes
Seniors in nursing homes are especially vulnerable to sexual abuse or sexual assault from staff and other residents. They may be unable to advocate for themselves, which abusers will take advantage of to commit sexual acts or other forms of abuse.
Sports Clubs
Youth sports clubs include coaches, trainers, and athletes. Athletes often do what it takes to improve, which means trusting what a coach or trainer tells them. This can lead to instances of sexual abuse and sexual assault.
Military Institutions
Military bases and other organizations epitomize power hierarchies. This dynamic can put some at an elevated risk of experiencing sexual abuse or sexual assault, especially for women. Unfortunately, these cases mostly get swept under the rug.
Hotels and Short-Term Rentals
When people stay at hotels or other short-term accommodations, other parties may have access to their room keys. This can lead to abusers or criminals taking advantage to commit a sexual act.
Shelters
Shelters are meant to be refuges for people who are struggling. Unfortunately, people are not vetted well in these institutions, so shady individuals can quickly gain access to vulnerable individuals. Additionally, the lack of security can create opportunities for abusers.
Steps to Take If You Are a Victim of Sexual Assault
As a victim of sexual assault or abuse, it can be challenging to know what to do in the aftermath of the incident. There may be physical injuries alongside the emotional trauma caused by the event.
Your first step should be prioritizing your physical health. If you have been sexually abused, you need to get somewhere safe. If you are injured, contact emergency medical services. Depending on the severity of your injuries, you can also go straight to an urgent care center or hospital.
Next, you should report sexual abuse to the appropriate party. This could be local law enforcement in Louisiana or the National Sexual Assault Hotline (800-656-4673). This report will play an essential role in winning your civil lawsuit.
Sexual abuse victims should document as much as they can about the incident. What led up to the abuse or assault? What happened during and in the aftermath? The sooner you record this information, the more likely it is to be accurate.
Finally, contact Rosenfeld Injury Lawyers to discuss your legal options. We will talk you through the claims process and determine if you should pursue a civil lawsuit or criminal charges against the abuser.
If you need emotional support during this challenging time, reaching out to local services can be a lifesaver. You can call the Louisiana Foundation Against Sexual Assault at 225-372-1557. If you would prefer one-on-one counseling, then there are many sexual abuse therapists throughout Louisiana.
Compensation for Sexual Abuse Victims in Louisiana
A civil sexual abuse lawsuit often ends with the victim receiving compensation for legal damages. Different factors influence the final settlement amount, such as the available evidence, the defendant’s case, and the skill of your lawyer. This is why working with experienced attorneys from our law firm is essential.
In your civil lawsuit, you can pursue both economic and non-economic damages. These damages can include lost wages, medical bills, future medical expenses, therapy costs, physical pain and emotional suffering, loss of enjoyment of life, and even post-traumatic stress disorder.
There are also punitive damages, but they are only awarded in cases where the perpetrator behaved with particular malice or gross negligence.
Liability in Sexual Abuse Cases
Establishing liability is critical for abuse victims. You must be able to prove that the perpetrator inflicted harm on you and directly caused legal damages. In sexual assault and abuse cases, individuals and institutions can be held responsible for causing damages.
An institution may be held accountable due to negligence in preventing abuse, a failure to report incidents, an inadequate response to complaints, poor supervision, or insufficient background checks.
Other principles may also influence your lawsuit’s outcome. Vicarious liability means that one entity can be held liable for another entity’s actions depending on their relationship.
For cases involving academic institutions, abuse victims may face Title IX regulations that govern the treatment of different sexes. If the pain and suffering occurred within a religious institution, then laws may exist regarding those specific power dynamics.
How to Prove a Sexual Abuse Case
Proving liability is the most difficult obstacle your claim will face. You need qualified abuse attorneys from Rosenfeld Injury Lawyers to handle your claim.
The evidence must prove that it is more likely than not that the perpetrator had a duty of care, that they breached that duty, and that their actions led to your legal damages. You must be able to demonstrate a link between the person’s actions and the pain and suffering you are going through.
Our law professionals know what types of evidence will work to help you recover damages. Your attorney will build a strong case with substantial evidence to prove liability and acquire maximum compensation.
Data that could strengthen your claim includes footage of the incident, doctor’s reports, medical exam results, eyewitness testimonies, police reports, and documentation of your physical injuries.
Our legal experts will guide the case through the legal system while the investigators uncover critical evidence and help build a strong case.
How Our Louisiana Sexual Abuse Attorneys Can Help
If you hope to seek compensation to cover all your losses, Rosenfeld Injury Lawyers can help. It starts with a free case evaluation where we ask about your case, and you can learn more about the claims process.
Then, we will thoroughly investigate the incident, seeking out eyewitness statements, expert testimonies, medical records, and other empirical data to prove liability. We handle the burden of seeking justice so you can focus on recovering from the physical and emotional pain of the abuse.
If the perpetrator or their lawyers do not agree to the settlement amount we choose, we will negotiate from a strong position to ensure lost wages, medical expenses, and other damages are recovered. Although these cases typically settle at this stage, your lawsuit could progress to a civil court proceeding.
If that happens, our attorneys will be with you every step of the way. Our legal representatives work on a contingency fee basis, so there are no upfront costs to work with us, and we only receive payment out of the settlement if we win.
The Time Limits for Filing a Claim in Louisiana
Every state has different time limits for filing a civil lawsuit. In Louisiana, a personal injury claim can be filed up to one year from the incident date. However, a law also states that anyone under 28 can file a claim with no statute of limitations.
If you are over 28 and have filed a claim in the past, you have three years before the lookback deadline arrives. Taking immediate action with your lawyer is the best way to avoid missing this deadline since the exact limits depend on the circumstances of your case.
These statutes are different from those of criminal proceedings. When crimes are committed, these trials pursue justice by punishing the perpetrator with a sentence. If a serious crime is committed, such as forcible or second-degree rape, then there is no statute of limitations for a prosecutor to press charges in Louisiana.
For third-degree rape, the time limit to press charges is six years. If you are not sure how the statute of limitations works for your case of sexual assault or abuse, ask an attorney from Rosenfeld Injury Lawyers during your free consultation.
Contact Our Louisiana Sexual Assault Attorneys Today!
Rosenfeld Injury Lawyers specializes in supporting survivors of sexual assault and abuse. No matter how the abuse occurred or where it took place, you deserve the opportunity to pursue justice, especially if you hope to recover damages.
Whether you are facing post-traumatic stress disorder, lost income, high medical bills, therapy costs, or physical pain from injuries, a civil claim can compensate you financially for the sexual abuse suffered.
Rosenfeld Injury Lawyers will listen to the details of your case and advise you on the right path to justice. Call our law firm today at (888) 424-5757 for your free case evaluation, or fill out the contact form.
Resources: [1] Tulane University