One of the most common reasons survivors of sexual abuse hesitate to pursue legal action is the belief that without an arrest, a prosecution, or a conviction against the perpetrator, there is nothing to be done. That belief, while understandable, is not accurate, and it has unfortunately kept many people from exercising rights they have in the civil justice system.
The truth is that civil and criminal cases are entirely separate legal processes, and one does not depend on the other. In Louisiana, you may file a civil lawsuit against your abuser and, in many cases, against the institutions that enabled them, regardless of whether criminal charges were ever filed, a prosecution was attempted, or your abuser was acquitted.
Two Different Legal Systems to Pursue Justice
When most people think about holding an abuser accountable, they picture a criminal trial that involves a prosecutor, a jury, and a potential prison sentence. Criminal cases are brought by the government against a defendant, and the burden of proof is exceptionally high: guilt must be established "beyond a reasonable doubt."
A civil lawsuit is different in meaningful ways, though. In a civil case, you, the survivor of the abuse, are the one bringing the claim, not the government. The legal question is not whether the defendant should be criminally punished, but whether you should be civilly compensated for the harm that you allege they caused to you. The burden of proof is considerably lower in a civil claim. Louisiana civil courts apply a standard known as "preponderance of the evidence," which means the evidence must show that it is more likely than not that the abuse occurred. You do not have to prove your case beyond all doubt; you have to demonstrate that your account of events is more credible than the defense's.
This distinction matters enormously for survivors because many of the circumstances that prevent a criminal prosecution, such as an expired criminal statute of limitations, a deceased abuser, insufficient evidence to meet the criminal threshold, or a prosecutor's decision not to pursue charges, have no bearing whatsoever on your right to file a civil claim.
Why Criminal Charges May Never Have Been Filed
There are many reasons a sexual abuser may never face criminal prosecution that have nothing to do with whether the abuse actually happened.
Among the most common reasons why charges aren’t brought against those accused of sexual abuse are:
- The criminal statute of limitations had already expired by the time the survivor came forward. Louisiana's criminal filing deadlines for sex offenses vary by crime, but many survivors, particularly those abused as children, do not disclose the abuse until well into adulthood. By then, the state may not have the legal grounds to start a criminal investigation.
- The abuser has died. A deceased individual cannot be criminally prosecuted, but their estate may still be named in a civil lawsuit.
- Law enforcement or prosecutors declined to pursue the case due to evidentiary challenges, even when the survivor's account was credible. Sometimes, prosecutors refuse to file charges until they feel there is enough compelling evidence to almost certainly land a conviction because a criminal defendant can only be tried once per alleged criminal offense; in some cases, such evidence is never found.
- The survivor never reported the abuse to law enforcement at all, which is not a requirement for filing a civil claim.
None of these circumstances closes the door on civil legal action.
Louisiana Revised Statute Section 9:2800.9
Under La. Rev. Stat. § 9:2800.9, Louisiana law governing civil claims for childhood sexual abuse makes no mention of criminal charges as a prerequisite. The law is concerned with what happened, when it happened, and whether the claim falls within the applicable filing window, not with what the criminal justice system did or did not do in response to the abuse.
For survivors of childhood abuse whose claims were previously time-barred, Louisiana's lookback window remains open through June 14, 2027, offering an opportunity to file civil lawsuits regardless of criminal case history.
What a Civil Claim Can Accomplish
While a civil lawsuit cannot result in a prison sentence, it can achieve things that a criminal prosecution cannot. A successful civil claim may provide compensation for medical and psychological treatment costs, lost wages, pain and suffering, emotional distress, and, in cases involving especially egregious conduct, punitive damages designed to send a broader message of accountability.
Perhaps just as importantly for many survivors, a civil lawsuit can create a formal, documented record of what happened, which will exist in the public legal system, on the survivor's terms, regardless of what the criminal courts did or failed to do.
You Don’t Need to Have All the Answers Before Reaching Out
Many survivors who contact our legal team at Ryan E. Gatti, Attorney At Law are uncertain about the details of their own situation. They aren’t sure what, if anything, was ever reported, whether charges were ever filed, or whether any of it matters. It does not have to be perfectly clear before you make a call, though. The purpose of a free, confidential consultation with us is to work through the most pressing questions together, with no financial obligation and no pressure to hire us.
If you were sexually abused as a child or as an adult, and you have wondered whether the absence of criminal charges means your only path to justice is closed, it is worth taking the time to find out. Our sexual abuse attorneys at Ryan E. Gatti, Attorney At Law are here to have that conversation with you.
We help clients throughout Louisiana. Call us at (318) 633-0186 or reach out online whenever you are ready.
Support Resources
If you or someone you know needs support, the following organizations provide confidential help for survivors of sexual abuse:
- National Sexual Assault Hotline (RAINN): 1-800-656-HOPE (4673) | rainn.org
- Louisiana Foundation Against Sexual Assault (LaFASA): 1-888-995-7273 [crisis center hotline] | lafasa.org
- Sexual Trauma Awareness and Response (STAR): 1-855-435-STAR (7827), available 24/7
- YWCA of Northwest Louisiana: ywcanwla.org