Statute of Limitations for Expired Child Sexual Abuse Claims Closes on May 7

Sexual assault victim

Childhood sexual abuse is one of the most difficult traumas for anyone to process, and it can take years for victims to even realize the extent of their abuse. When you consider the fact that 90% of child sexual abuse victims know and trust the perpetrator of these crimes, it’s little wonder that victims may be reluctant to come forward at first.

In recognition of the unique challenges facing childhood sexual abuse survivors, Montana legislators recently opened a 1-year window for survivors to file claims that have already passed the statute of limitations, effective as of May 7, 2019. However, that window will be closing on May 7, 2020, making it imperative for child sexual abuse survivors to file a claim as soon as possible before the deadline passes.

At Hoyt & Blewett PLLC, our committed child sexual abuse lawyers can help you navigate the process of filing a claim. With a national reputation for success, a founding partner in the prestigious Inner Circle of Advocates, and millions recovered for our Montana clients, we have the resources and skills to handle these complex cases – and we’re passionate about helping injury victims seek justice after they’ve been hurt by others.

Under the Montana Code, you may qualify to bring a previously-expired sex abuse claim if you can meet the following criteria:

  • The entity against whom the action is commenced, based upon documents or admissions by employees, officers, directors, officials, volunteers, representatives, or agents of the entity, knew, had reason to know, or was otherwise on notice of any unlawful sexual conduct by an employee, officer, director, official, volunteer, representative, or agent and failed to take reasonable steps to prevent future acts of unlawful sexual conduct.

Under the Montana Code, you may also qualify to bring a previously-expired sex abuse claim if your abuser is alive when you file and any of the following statements are true:

  • Your abuser has admitted to the alleged childhood sexual abuse in writing, audio, or video;
  • Your abuser has made statements under oath or in a plea agreement admitting to the alleged childhood sexual abuse;
  • Your abuser has been convicted of a related offense in which you were the victim.

Under normal circumstances, victims of childhood sexual abuse have until age 27 to bring a claim against their abuser, or within 3 years after discovering the cause of their injuries. Once this 1-year window has officially closed, however, it will be impossible for survivors who have passed the statute of limitations to hold their abusers accountable.

That is why our attorneys urge you to contact us immediately if you are considering a claim. By applying our vast knowledge of the civil justice system and the existing statutes, our team can help you decide the best course of action and determine if you have a case.

Do you need to discuss your claim with a qualified lawyer? Call (406) 233-1302 to contact our team at Hoyt &Blewett PLLC.

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