Louisiana law recognizes that informed, freely given consent is a critical part of lawful sexual activity. But what if a person feels pressured to consent? Because coercion can invalidate consent, it is the difference between consensual sexual relations and sexual assault. Proving coercion can be important to both criminal charges and civil sexual assault claims.
What Is Coercion?
Not all attempts to seduce or persuade someone into engaging in sexual conduct are coercion. Coercion involves threats of harm or negative consequences if the target refuses to participate. Although Louisiana law doesn’t explicitly define sexual coercion, it states that “[s]ubmission [to sexual activity] resulting from the use of force, threat of force, or placing another person in fear…does not constitute consent.”
The University of Louisiana at Lafayette’s Uniform Policy on Sexual Misconduct defines coercion as:
[T]he use of express or implied threats, Intimidation, or physical force which places an individual in fear of immediate harm or physical injury or causes a person to engage in unwelcome sexual activity.
In addition to physical threats, coercion can involve threatening to harm someone’s reputation, share intimate or explicit photographs, expose sensitive or personal information, or otherwise cause harm to them or someone else. For example:
• A boss may threaten a worker with demotion, firing, or other adverse employment actions.
• A landlord may threaten to evict a tenant or otherwise harass them in their home environment.
• Police or authority figures may threaten their charges with punishment or legal action.
• A professor may threaten to fail or blackball a student.
Although most of the threatening behavior in these examples is illegal, it’s usually impossible to take action until after the threat is carried out. Faced with losing their job, home, or reputation, targeted individuals may feel they have no real choice but to comply with an abuser’s demands. This is the essence of coercion: removing an individual’s freely given consent. Engaging in sexual conduct with someone without their consent is against the law.
When Coercion May Be Criminal Sexual Assault
Louisiana criminal statutes define a range of sexual assault offenses based on non-consensual sexual contact or acts, including rape and sexual battery. A person commits sexual assault if they engage in a sexual act or contact without the other person’s consent. The law is clear that valid consent must be free from threat, fraudulent deception, or impairment (such as being under the influence of drugs or alcohol). It prohibits saying or doing things that would reasonably cause someone to believe that resisting sexual advances would result in harm.
Louisiana’s anti-grooming statute, which took effect on August 1, 2025, makes it illegal to use seduction, emotional manipulation, threats, promises, coercion, or enticement to pursue a sexual relationship with a child under seventeen. This law enables authorities to prosecute predators for coercive behavior intended to facilitate the sexual abuse of a child before the abuse occurs.
State or federal prosecutors carry out criminal prosecutions, including deciding whether to charge someone with sexual assault or another sexual offense. Individuals convicted of sexual assault charges face criminal penalties, including prison sentences, fines, and other consequences (such as mandatory sex offender registration).
Criminal proceedings typically do not provide victims with significant compensation. Survivors of sexual assault may be able to file a lawsuit in civil court to pursue monetary compensation. These proceedings are separate from criminal charges.
Proving Coercion in a Sexual Assault Lawsuit
Louisiana law gives sexual assault survivors the power to pursue a civil lawsuit, even if the state does not file criminal charges or if a criminal case results in an acquittal. In a civil case, a plaintiff must prove their claims by a “preponderance of the evidence,” which means it’s more likely than not that their allegations are true. This “burden of proof” is easier to meet than the “beyond a reasonable doubt” standard that applies in criminal cases.
To prove coercion in a sexual assault case, the plaintiff must show evidence that their consent to sexual activity wasn’t truly voluntary. In addition to their own testimony, this may include:
- Emails, texts, notes, videos, or other records showing threats, pressure, or manipulation.
- Witness testimony from friends, relatives, teachers, and others who observed interactions between the parties or the plaintiff’s state of mind.
- Financial records that demonstrate dependence, especially in cases of domestic abuse.
- Medical and psychiatric records, journals, or other evidence of a plaintiff’s emotional and mental suffering.
Building a successful case may also include providing details about the parties’ relationship, especially evidence of power imbalances and the circumstances surrounding them. Examples include significant age differences, physical disparities, or financial dependence. In some situations, a plaintiff may simply have to show that they were in a situation where the law prohibits sexual relations because it assumes consent cannot be truly free (such as when a suspect is under arrest or in police custody).
A sexual assault lawsuit allows a plaintiff to pursue both “special” and “general” damages. Special damages are economic costs, such as medical expenses and lost wages. General damages are non-economic damages, such as pain, suffering, and emotional trauma. In some situations, plaintiffs may also be able to pursue exemplary (punitive) damages, such as cases involving workplace sexual assault or child sexual abuse.
Pursuing Justice and Compensation for Sexual Assault in Louisiana
If you’re a survivor of sexual assault, you may be able to recover compensation from the person who assaulted you. You may also be able to pursue claims against an organization or entity that enabled or covered up the abuse, such as a church, sports program, educational institution, medical facility, or private company.
In general, Louisiana law gives adult survivors of sexual assault three years to file a civil lawsuit. This period begins on the date of the assault or the date the offender is identified. However, numerous exceptions may extend the time you have to file a lawsuit. For example, there is no statute of limitations for civil lawsuits related to child abuse occurring after January 1, 2021. Survivors of child abuse that occurred before June 14, 2021, may also be able to file a lawsuit if they qualify under specific “lookback” provisions.
An experienced attorney can help you understand how these laws apply to you. They will help you explore your options for pursuing a lawsuit or other legal remedies, and connect you with resources available to survivors.
If you have been affected by rape or sexual assault, contact Lamothe Law Firm to arrange an appointment to discuss your case in an empathic and understanding manner. We can help you hold your abusers accountable and obtain the compensation you deserve.
