Liability for damages caused by sexual assault

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A. In addition to general and special damages, exemplary damages may be awarded upon proof that the injuries on which the action is based were caused by an act or acts of sexual assault in the workplace.

B. The provisions of this Article shall be applicable only to the perpetrator of the sexual assault.

C. Upon motion of the defendant or upon its own motion, if the court determines that an action seeking damages under this Article is frivolous or fraudulent, the court shall award costs of court, reasonable attorney fees, and any other related costs to the defendant and any other sanctions and relief requested pursuant to Code of Civil Procedure Article 863.

D. An action under the provisions of this Article shall be subject to a liberative prescriptive period provided for in Article 3496.2.

E. As used in this Article, sexual assault is as defined in R.S. 46:2184.

Acts 2021, No. 411, §1.


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