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Louisiana Revised Statutes § 46:2181 et seq. Protection for Victims of Sexual Assault Act

Louisiana’s Protection for Victims of Sexual Assault Act sets forth a streamlined civil process designed to assist survivors of sexual assault in obtaining immediate legal protection, regardless of whether the perpetrator is a stranger or an acquaintance. In recognizing that sexual assault is both a significant public health issue and a serious violation of personal safety, this Act allows eligible victims to seek temporary restraining orders through an expedited process based on evidence of sexual assault. The Act also ensures that survivors are able to access domestic violence-related services and assistance, while giving courts flexible jurisdiction so that petitions may be filed where the victim lives, where the alleged offender lives, or where the sexual assault occurred. The Act also serves to reduce barriers that can discourage survivors from seeking protection. Court clerks are required to provide forms, procedural assistance, and information about fee waivers, while trained sexual assault advocates may help survivors complete these protective order applications. To encourage victims to seek support without fear of disclosure, the law creates strong confidentiality protections for communications and records maintained by accredited sexual assault centers. Importantly, the remedies available under this Act supplement, rather than replace, any other civil or criminal relief available under Louisiana law, allowing survivors to pursue multiple avenues of protection and justice when appropriate.

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