Sexual Assault Attorneys in Montana: Your Complete Legal Guide

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Montana gives a survivor of childhood sexual abuse until age 27, or three years after discovering that the injury was caused by the abuse, whichever is later, and it applies the same two periods to claims against an institution whose employee or agent caused the abuse. An adult survivor has two years for an assault or battery claim and three years for other tort claims. Montana’s one-year revival window ran from May 7, 2019 to May 7, 2020. Below are those rules from the Montana Code Annotated, the criminal deadlines, questions for a lawyer, and four firms that represent survivors in Montana.

In an emergency, dial 911. The Montana Coalition Against Domestic and Sexual Violence has a toll-free line at 888-404-7794, and the National Sexual Assault Hotline is 1-800-656-4673.

Sections 27-2-204 and 27-2-216 were read on the official Montana Code Annotated site in October 2026; the criminal statute comes from CHILD USA’s review. This is a general description of Montana law, not an evaluation of a specific claim.

Childhood Sexual Abuse: Age 27 or Three Years From Discovery

Mont. Code Ann. § 27-2-216(1) covers an action “based on intentional conduct brought by a person for recovery of damages for injury suffered as a result of childhood sexual abuse against the individual who committed the acts.” As CHILD USA quotes it, the action must be commenced “(a) before the victim of the act of childhood sexual abuse that is alleged to have caused the injury reaches 27 years of age; or (b) not later than 3 years after the plaintiff discovers or reasonably should have discovered that the injury was caused by the act of childhood sexual abuse.”

Section 27-2-216(3) applies the same deadlines to “any entity that owed a duty of care to the plaintiff, where a wrongful or negligent act by an employee, officer, director, official, volunteer, representative, or agent of the entity was a legal cause of the childhood sexual abuse that resulted in the injury to the plaintiff.” A school, church, or youth organization therefore faces the same age-27 and three-year discovery periods as the abuser.

“Childhood sexual abuse” under § 27-2-216(2) means an act against a person under 18 that would have violated one of eleven listed criminal statutes, beginning with § 45-5-502, “or prior similar laws in effect at the time the act occurred.”

The 2019 Window Had Two Limbs and Closed in May 2020

Subsections (4) and (5) of § 27-2-216 revived expired claims for one year from May 7, 2019, on different conditions for each defendant:

  • Against the abuser (§ 27-2-216(4)): only if the abuser was alive and had admitted the abuse in a signed written statement, an audio or video recording, under oath, or in a plea agreement, or had been convicted of a listed offense against the plaintiff.
  • Against an institution (§ 27-2-216(5)(a)): the claim “must be revived if the court concludes that the entity … knew, had reason to know, or was otherwise on notice of any unlawful sexual conduct by an employee … and failed to take reasonable steps to prevent future acts of unlawful sexual conduct,” based on documents or admissions by its own people.

CHILD USA notes that “admissions” under § 27-2-216(6) included statements in a settlement agreement. Both limbs had to be used within one year of May 7, 2019, and the window is closed.

Adult Survivors: Two Years for Assault, Three for Other Claims

Mont. Code Ann. § 27-2-204(3) provides: “The period prescribed for the commencement of an action for libel, slander, assault, battery, false imprisonment, or seduction is within 2 years.” Section 27-2-204(1) sets three years for “an action upon a liability not founded upon an instrument in writing,” which covers other tort claims such as negligence against a property owner or employer.

The difference matters. A survivor assaulted as an adult may have two years for a battery claim against the assailant and three years for a negligence claim against someone else.

Claims Against Public Bodies

Claims against the state, a school district, or another public entity can involve pre-suit claim requirements under Montana law that this guide does not set out. They should be identified early, because a missed step can affect an otherwise timely claim.

Criminal Deadlines Under § 45-1-205

Prosecution is the state’s decision. CHILD USA quotes Mont. Code Ann. § 45-1-205(1)(c): “A prosecution for an offense under 45-5-502, 45-5-503, 45-5-504, 45-5-507, 45-5-508, 45-5-625, 45-5-627, 45-5-702, 45-5-705, 45-5-706, or 45-5-711 may be commenced at any time if the victim was less than 18 years of age at the time that the offense occurred.” CHILD USA observes that the list matches the civil definition in § 27-2-216(2).

Where the victim was an adult, § 45-1-205(1)(b) allows ten years for felony offenses under the listed sexual offense sections, and § 45-1-205(9) adds one year after a suspect is conclusively identified by DNA testing. Other felonies carry five years and misdemeanors one year.

What a Montana Lawyer Will Need to Know

The survivor’s date of birth, the dates of the abuse or assault, the date the injury was connected to the abuse, and the role of any organization determine which Montana period applies. A first meeting can then resolve:

  1. What are the 27th-birthday date and the three-year discovery date under § 27-2-216, and which is later?
  2. Which entity owed a duty of care, and whose wrongful or negligent act was a legal cause of the abuse?
  3. For an adult assault, which claims fall under the two-year rule in § 27-2-204(3) and which under the three-year rule in § 27-2-204(1)?
  4. Is any defendant a public entity, and what must be filed before suit?
  5. Does the firm represent any likely defendant or insurer, and how are litigation costs advanced and repaid?

Montana Sexual Assault Attorneys

Heenan & Cook, PLLC

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

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

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.

Frequently Asked Questions

I am 33 and recently realized my depression is tied to abuse I suffered as a child. Is it too late?

Not necessarily. The age-27 branch has passed, but § 27-2-216(1)(b) allows an action within three years after you discovered, or reasonably should have discovered, that the injury was caused by the abuse.

Does the institution get a shorter deadline than the abuser?

No. Section 27-2-216(3) applies the same age-27 and three-year discovery periods to an entity whose employee, volunteer, or agent was a legal cause of the abuse.

Can I still use the 2019 lookback window?

No. Both limbs of the window required filing within one year of May 7, 2019.

How long do I have after an assault as an adult?

Two years for an assault or battery claim under § 27-2-204(3), and three years for other tort claims under § 27-2-204(1).

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