New Orleans Sexual Abuse Lawyer

Sexual abuse and assault are egregious acts that create lifelong challenges for victims. Often, survivors who have been sexually abused deal with the emotional trauma and physical toll of the abuse for years. 

If you are a survivor of sexual assault or abuse in New Orleans, you may have grounds to file a civil lawsuit against the perpetrator. Rosenfeld Injury Lawyers can guide you through the claims process to seek compensation for legal damages. 

Why Choose Rosenfeld Injury Lawyers

At Rosenfeld Injury Lawyers, we are committed to securing maximum compensation for sexual assault and abuse victims with compassion. We understand the long recovery process you face, and our attorneys will handle the legal complexities, allowing you to focus on healing.

We accomplish this by offering a free consultation first, investigating the incident, gathering evidence, and assessing the full extent of your damages. Our law firm will protect your rights under Louisiana law throughout the civil lawsuit process.

Understanding Sexual Abuse and Assault

Sexual assault under Louisiana law is defined as any sexual contact or behavior that occurs without the explicit consent of the other person. Assault is generally more severe than other forms of sexual abuse. 

The Louisiana Department of Health defines sexual abuse as any unwanted exposure to sexually explicit material, language, or physical contact. In both definitions, the lack of consent is present, and power imbalances are often at play when sexual assault or abuse occurs. These problems are prevalent in New Orleans, which experienced 672 reported rapes in 2022 [1]. 

Common Forms of Sexual Abuse

A civil lawsuit may be possible if you experience legal damages because of the abuse, which can take multiple forms, such as: 

• Sexual intercourse – If one person does not consent to penetrative sex or sexual oral contact, this may be classified as sexual assault
• Sexual exploitation – Using power, trust, or vulnerability to accomplish ends of a sexual nature is a form of abuse known as sexual exploitation
• Sexual exposure – Exposing someone to sexual imagery, such as photos, videos, or flashing, without their consent is abusive
• Unwanted physical touch – A person may be touched by another person’s body part or object inappropriately without their permission, often classified as sexual assault or rape, depending on the circumstances
• Child sexual abuse – Child sexual abuse survivors face immense trauma, mainly because of lost innocence, so the bar for what constitutes abuse of a child is lower

Institutions Where Sexual Abuse Is Most Likely to Occur

Sexual abuse can occur in various institutions where individuals are vulnerable and dependent on others for care or supervision. Below are the types of cases we handle:

• Workplaces – Workplace harassment and abuse are pretty common, especially in business environments where the hierarchies of authority are entrenched in the culture
• Inpatient treatment facilities – Care centers that keep patients overnight are sometimes dangerous because those patients are vulnerable to abusive staff or guests
• Correctional facilities – Prisons are well-known for having internal hierarchies that place some in higher positions of authority over others, creating the opportunity for sexual assault or abuse
• Foster care – Families who have not been vetted properly may take advantage of foster children staying in their homes
• Daycare – Staff at daycare centers spend hours every day with kids, and abusive behaviors are often discovered long after they have occurred
• Educational facilities – Institutions of knowledge have power dynamics between administrators, teachers, and students that could be exploited for inappropriate sexual activities
• Religious institutions – Churches and other religious organizations sometimes place people in positions of power who have ulterior motives, which can put participants in abusive relationships with clergy
• Nursing homes – Seniors may not be able to stand up for themselves physically or emotionally if they are being abused by staff or other residents in nursing homes
• Sports clubs – Youth sports have frequent cases of coaches or trainers abusing the kids they work with
• Military institutions – The culture of many military institutions is often enough to silence victims who would otherwise report their sexual assault or abuse to the appropriate party
• Hotels and accommodation rentals – Sexual assault or abuse could occur in short-term accommodations if abusive individuals have access to keys
• Shelters – People who are facing immense challenges are often vulnerable in places they should feel safe, such as shelters that lack sufficient supervision or security

Steps to Take If You Are a Victim of Sexual Assault

If you are a victim of sexual assault or abuse, it is essential to prioritize your well-being and financial future in the aftermath of the event. 

Seek medical attention immediately if you have been assaulted physically and are hurt. Document whatever you can think of regarding the incident, including the lead-up and aftermath. If you decide to pursue a civil lawsuit, this information will be helpful for your attorney as they build your case. 

Finally, you should connect with resources that can help you. To report abuse or assault, you can contact the New Orleans Police Department or the National Sexual Assault Hotline (800-656-4673). For local support services, there are many New Orleans sexual abuse therapists available for one-on-one counseling. The New Orleans Family Justice Center is also beneficial if you are a sexual assault or abuse victim. 

Compensation For Victims in a Civil Sexual Abuse Lawsuit

As a victim in a personal injury case, you can be compensated for legal damages under Louisiana law. These damages may include medical expenses, lost wages, therapy costs, emotional pain, physical pain, post-traumatic stress disorder, and loss of enjoyment of life. 

There are also punitive damages, but these are rarely awarded. Your final settlement amount may be impacted by the extent of your injuries, the total damages assessed, and the evidence supporting your claim. 

Rosenfeld Injury Lawyers has a strong history of winning settlements for past clients who suffered from sexual assault and abuse. We have held many perpetrators accountable in civil court because of our expertise. One woman was awarded $3.2 million because she was raped in a hotel room when a maintenance staff used a room key to gain access. 

Another victim secured an 8-figure settlement because he was groomed and repeatedly assaulted while staying at an addiction recovery facility. We also secured $1.9 million as an arbitration award for a man who had been assaulted 40 years earlier at a church picnic. 

Liability in Sexual Abuse Cases

Establishing liability is the key to winning your case as a victim of sexual assault or abuse. The liable party may be an individual or an institution. Institutions could be responsible for your legal damages if they provided poor supervision, failed to respond to complaints, failed to record incidents, or did not perform sufficient background checks before hiring. The institution could also be liable through a legal principle called vicarious liability, in which one entity is held responsible for the actions of a related entity. 

Other principles could affect your pursuit of compensation. Title IX governs the treatment of sexes in academic institutions, so there may be precedent if the abuse occurred in that environment. There are also principles regarding the power dynamics within religious institutions. 

How to Prove a Sexual Abuse Case

To hold the perpetrator accountable under Louisiana law, you must prove that it is more likely than not that their actions caused your suffering. Our law firm can help you file your lawsuit and gather evidence to accomplish this end. Together, we must prove that negligence or intentional misconduct occurred and there is a direct link between the abuse that happened and the suffering you endured. 

Our legal experts and investigators understand the law and know what evidence is needed to win your case.  

How Our New Orleans Sexual Assault Lawyers Can Help

Our legal team will play an essential role in your lawsuit. First, we offer a free consultation so you can ask any questions about the claims process. Then, we will investigate the case details, gather evidence to support your claim, assess all the relevant damages, negotiate for total compensation, and represent you in a trial if needed. 

The Time Limits for Filing a Claim in New Orleans

The statute of limitations in Louisiana is one year for personal injuries. That means your lawsuit can only earn compensation if it is filed within one year of the incident date. Civil statutes do not apply if criminal charges are brought against the sexual predator who harmed you. Some types of assault are evil enough that there is no deadline for pressing charges, while others may remain eligible for up to six years.

In 2021, Louisiana removed the statute of limitations for future child sexual abuse lawsuits, meaning there is no time limit for cases involving abuse after January 1, 2021.

Contact a New Orleans Sexual Assault Attorney Today!

To get your free case evaluation and discuss a plan to seek justice, contact Rosenfeld Injury Lawyers today at 888-424-5757 or via the online form. 

Resources: [1] NOPD News – Special Victims Statistics