Sexual Assault Attorneys in Montana: Your Complete Legal Guide
Montana’s civil statute of limitations for sexual abuse is more restrictive than most states, with child survivors having until age 27 to file a civil claim and adult survivors facing a two-to-three-year window depending on how their claim is framed. The state enacted meaningful reforms in 2019 – extending the child abuse SOL from age 21 to 27 and opening a one-year revival window that has since expired – and eliminated the criminal SOL for sexual offenses against minors. However, Montana does not currently have an open revival window for time-barred claims, and no major new legislative expansion is pending as of early 2026. Survivors should consult an attorney immediately, as the three-year discovery rule is the primary mechanism for survivors who have already passed the age-27 cutoff.
Understanding Montana Sexual Assault Laws
Criminal Statutes of Limitations
Montana’s 2019 reform legislation eliminated the criminal statute of limitations for sexual offenses committed against minors. Under current Montana law, there is no criminal SOL for prosecuting unlawful sexual offenses when the victim was under 18 at the time of the offense. Criminal prosecution can proceed at any time regardless of when the abuse occurred, as long as the victim was a minor.
For sexual offenses against adult victims, Montana’s criminal limitations provisions vary by specific offense. Survivors should consult with law enforcement or a victim advocate for the applicable criminal timeline in their case.
Civil Statutes of Limitations
Adult survivors:
Montana provides adult survivors with a two-year limitations period for claims framed as assault or battery under Mont. Code Ann. § 27-2-204(3). For personal injury theories such as negligence, negligent supervision, or institutional liability, the period is three years under the general personal injury provision of § 27-2-204(1). Because the framing of the cause of action determines which deadline applies, survivors should consult an attorney quickly to preserve all available theories.
Child survivors – Mont. Code Ann. § 27-2-216:
Following Montana’s 2019 reform (HB 640), childhood sexual abuse survivors have until their 27th birthday to file a civil claim – nine years after reaching majority at 18. This applies to claims against both individual perpetrators and institutions such as schools, churches, and employers.
Alternatively, a survivor of any age may file within three years of the date they discover (or reasonably should have discovered) that their injury was caused by childhood sexual abuse. This is the critical discovery rule: if you are over 27 but only recently made the connection between childhood abuse and your psychological or physical conditions (often through therapy), the three-year clock may have just begun. Montana courts and the legislature have recognized that the average age at which childhood sexual abuse survivors connect abuse to resulting harm is 52 years old – far beyond the age-27 cutoff – which is why the discovery provision is so important.
Under § 27-2-216, a survivor need not establish which specific act in a series of acts of childhood sexual abuse caused the injury.
2019 revival window (now closed):
Montana’s 2019 legislation (HB 640) also opened a one-year revival window beginning May 7, 2019, allowing survivors whose claims had previously expired to file new lawsuits. That window closed on May 6, 2020, and is no longer available. Montana currently has no open revival window.
Claims against public entities:
If a state agency, public school, or other government entity may be liable, Montana law requires the survivor to first present a written tort claim to the state before filing a lawsuit. This pre-claim notice requirement imposes additional procedural obligations and strict timelines that require prompt legal consultation.
Criminal conviction not required:
A civil claim may proceed regardless of whether any criminal prosecution was brought and regardless of whether any prosecution resulted in conviction. The civil standard (preponderance of evidence) is significantly lower than the criminal standard (beyond reasonable doubt).
Montana Sexual Assault Attorneys
Heenan & Cook, PLLC
Address: Billings, MT and Missoula, MT offices
Phone: (406) 839-9091 (Billings) / Missoula office also available
Website: https://www.lawmontana.com
Heenan & Cook is Montana’s leading sexual abuse litigation firm. Attorney John Heenan was instrumental in handling the Miles City abuse case – the landmark case that directly led to Montana’s 2019 legislative reforms extending the childhood sexual abuse civil SOL and opening the lookback window. The firm has represented dozens of children and their families across Montana against perpetrators of child sexual assault and abuse, as well as churches, schools, and organizations where abuse occurred. The firm handles clergy abuse, school abuse, coaching abuse, institutional abuse, and other civil sexual misconduct matters across Montana.
Heenan & Cook pursues all sexual abuse claims on a contingency fee basis – no fees unless the firm wins. Free confidential consultation.
Hoyt & Blewett PLLC
Address: Great Falls, MT (serving all of Montana including Missoula, Billings, Helena, Kalispell, Bozeman, Butte)
Website: https://www.hoytblewett.com
Hoyt & Blewett PLLC is one of Montana’s most decorated plaintiff’s firms, and the only Montana firm with four partners simultaneously named to the Lawdragon 500 Leading Plaintiff Consumer Lawyers in America (2022). Founding partner Zander Blewett is the only lawyer in Montana admitted to the Lawdragon Hall of Fame and the only Montana member of the Inner Circle of Advocates, described by The Washington Post as “a select group of 100 of the nation’s most celebrated trial lawyers.” The firm obtained one of the largest malicious prosecution verdicts in U.S. history ($21.3 million, reported by the Wall Street Journal) and the largest reported individual personal injury settlement in Montana history ($27 million, featured in The National Law Journal’s Top 50 Settlements of 2015). Zander Blewett made a $10 million donation to the University of Montana Law School, which was renamed the Alexander Blewett III School of Law.
In sexual assault and abuse cases, Hoyt & Blewett pursues compensatory damages including medical bills, lost wages, and pain and suffering, as well as punitive damages in appropriate cases. The firm handles cases throughout Montana on contingency. Free consultation.
Procter Law
Address: Billings, MT
Phone: (406) 294-8915
Website: https://procterlawfirm.com
Procter Law is led by attorney Veronica A. Procter, who has taken on individual abusers and large institutions including universities and hospitals in Montana sexual assault civil litigation. The firm handles cases involving vulnerable populations – elderly nursing home residents, children in schools and sports programs, and disabled individuals – where institutional failures enabled abuse. Out-of-court settlements are pursued where possible; litigation follows when institutions do not accept accountability. Free no-obligation consultation. Contingency fee basis.
Yellowstone Law
Address: Billings, MT
Website: https://www.yellowstonelaw.com
Yellowstone Law has been a Billings-based personal injury and sexual abuse firm since 1987, recovering tens of millions of dollars for victims of negligence in Montana. The firm specializes in institutional sexual abuse, including rehabilitation and mental health clinic abuse, school abuse, and church abuse. Their investigations regularly uncover institutional failures including hiring staff with prior abuse allegations without disclosure, and transferring employees without reporting known misconduct. The firm advances all litigation costs and works on contingency. Free consultation.
Key Considerations for Montana Survivors
Child survivors have until age 27. Montana’s 2019 reform extended the childhood abuse civil SOL from age 21 to 27. This gives survivors nine years from reaching majority (age 18) to file.
The discovery rule may allow claims beyond age 27. If you are over 27 but only recently connected childhood abuse to its psychological or physical effects – for example, through therapy – the three-year discovery period may have just started. Montana courts recognize that survivors often do not make this connection for decades. This is the most important tolling provision for survivors past the age cutoff.
The 2019 revival window is closed. The one-year lookback window that opened in May 2019 expired in May 2020. If your claim was previously time-barred and you did not file during that window, you must rely on the discovery rule or other tolling arguments rather than a legislated revival window.
Adult survivors should act within two to three years. Two years for assault/battery claims, three years for negligence-based claims. These deadlines are strict.
Government entity claims require a pre-claim notice. If a state agency, school board, or other public entity may be liable, you must file a written claim with the government before suing. Consult an attorney immediately to comply with these procedural requirements.
No criminal conviction required for civil recovery. A civil claim can proceed regardless of whether any criminal charges were ever filed or any prosecution resulted in conviction.
Punitive damages are available. Montana law allows punitive damages where the defendant acted with actual malice or knowledge creating a high probability of injury. Courts have awarded substantial punitive amounts in Montana sexual assault cases.
Frequently Asked Questions
How long do I have to file a civil sexual assault lawsuit in Montana?
Adult survivors have two to three years from the date of assault (two years for assault/battery claims, three years for negligence-based theories). Child survivors have until their 27th birthday or three years from the date they discover the connection between the childhood abuse and their injuries – whichever gives more time.
I was abused as a child and am now older than 27. Can I still sue?
Possibly. The three-year discovery rule applies regardless of your age: if you recently discovered (or recently should have reasonably discovered) the causal connection between the childhood abuse and your injuries, the three-year clock may have just begun. Consult an attorney before concluding your claim is barred.
Can I sue a school, church, or institution?
Yes. Montana law recognizes institutional liability for negligent hiring, supervision, and retention. Both the direct perpetrator and the organization that employed or housed them may be liable.
Does Montana currently have a revival window for old claims?
No. The 2019 one-year lookback window closed in May 2020. There is no currently open revival window in Montana.
Do I need a police report or criminal conviction to file a civil lawsuit?
No. Civil and criminal cases are entirely separate. You may bring a civil claim without any criminal action having been taken.