Montana Revises Statutes of Limitations in May 2019

Montana revised its statutes of limitation applicable to childhood sexual abuse (as specifically defined in Montana law) on May 7, 2019. Those revisions also included a one–year (limited) revival window that, in certain circumstances as described below, victims of childhood sexual abuse, whose claims were otherwise time–barred, could bring claims for monetary damages against the perpetrator of the abuse and any responsible institution that had a duty of care to the victim.

Under Montana’s new law:

• A victim of childhood sexual abuse has 9 years — from the date he/she turns age 18 until he/she attains the age of 27 — can bring a civil action for monetary damages against the perpetrator of the abuse.
• In addition, and not limited by the 9 years — a victim has 3 years to bring such a civil action against the perpetrator beginning from the date that he/she first discovers, or reasonably should have discovered that "“he injury was caused by the act of childhood sexual abuse.”
• As to any responsible institution that owed a duty of care to the victim of the childhood sexual abuse, the same 9–year and 3–year statutes of limitation apply.

The revisions to Montana’s law included a limited 1–year revival window that began on May 7, 2019 and ends on May 6, 2020.

Click here for more information on the limitations