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Started By
Message
re: LA Supreme Court just struck down law expanding time to file suit against molesters
Posted on 3/22/24 at 9:06 pm to RealDawg
Posted on 3/22/24 at 9:06 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.
Statutes of limitation exist for a reason, even for the most vile of crimes
2
Posted on 3/22/24 at 9:14 pm to EmperorGout
quote:
Statutes of limitation exist for a reason, even for the most vile of crimes
There are no criminal statutes of limitation for murder in any jurisdiction I know of. LA has no statute of limitations for first degree rape either.
Civil suits for torts (wrongful death, battery, assault, infliction of emotional distress, etc.) do have limits.
This post was edited on 3/22/24 at 9:16 pm
Posted on 3/22/24 at 9:19 pm to EmperorGout
Prescription does not destroy a cause of action pursuant to Louisiana law. It merely bars its assertion. The legislature can lift the bar that they created.
Tort claims are not constitutional. They are entirely statutory. The legislature can repeal CC art 2315 tomorrow and that would not violate the constitution. They can create a cause of action by enacting a statute.
The legislature can make statutes retroactively applicable if they explicitly declare it to be so.
While it may not be good legislative practice to do this, it isn’t unconstitutional. Well, now it is. But conceptually it should not be.
Tort claims are not constitutional. They are entirely statutory. The legislature can repeal CC art 2315 tomorrow and that would not violate the constitution. They can create a cause of action by enacting a statute.
The legislature can make statutes retroactively applicable if they explicitly declare it to be so.
While it may not be good legislative practice to do this, it isn’t unconstitutional. Well, now it is. But conceptually it should not be.
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