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By proceeding, you are agreeing to the following: 1) The resources provided here are NOT intended to be used for legal advice and are NOT considered to be helpful in court matters. 2) The information can be customized for all Louisiana Baptist churches accordingly. 3) To NOT hold the Louisiana Baptist Convention liable for any and all information provided.
Define It
Sexual abuse is sexual behavior or a sexual act forced upon a woman, man or child without their consent. Sexual abuse includes abuse of a woman, man or child by a man, woman or child. Sexual abuse is an act of violence which the attacker uses against someone they perceive as weaker than them.
Child Abuse Reporting
Statutes: La. Child. Code Ann. art 603 through 611 (2019) // La. Rev. Ann. $ 14:403 (2019)
Who Must Report: Louisiana statutes provide a list of mandated reporters which includes members of the clergy, medical personnel, mental health providers, social workers, childcare providers, school employees, coaches, and law enforcement. Please refer to La. Child. Code Ann. art. 603(17) for the full list of mandated reporters.
What must be reported: Physical abuse, sexual abuse, mental abuse, or neglect
Legal Standard: Reasonable Cause to Believe
Penalty for Failure to Report: Misdemeanor
State Resource Link: dcfs.louisiana.gov
Clergy Privilege: Yes. See LA. Rev. Stat. Ann. $ 14:403(B). However. La. Child. Code Ann. art. 603(17)(c) urges members of the clergy “to encourage that person to report the allegations to the appropriate authorities.
Statute of Limitations for Criminal Prosecution
Statutes: La. Crim. Proc. Code. Ann. art. 571 through (2019)
Felonies: A charge for first or second-degree rape may be commenced at any time and does not have a statute of limitations. There are a number of sex offenses that have a thirty-year statute of limitations, and if the victim was under the age of 17 when the crime was committed, the thirty-year period will begin to run on the eighteenth birthday. Other felonies in the state have varying statutes of limitations ranging from four or six years.
Misdemeanors: Two years
DNA Exceptions: Yes
Statutory Rape/Age of Consent
Statutes: La. Rev. Stat. Ann. $ 14.80 (2019) – This statute prohibits felony carnal knowledge of a juvenile. The statute provides guidance age of the victim as related to age of the offender in regard to sexual conduct.
La. Rev. Stat. Ann. $$ 14.80.1 through 14-81.5 (2019) provides guidance on a number of other sex offenses affecting minors such as pornography, sexting, computer solicitation, and other indecent behaviors.
Age: 17