|
| Summary | Text of Statute | Commentary | Resources |
Summary:
Montana victims must bring their actions for childhood sexual abuse
Within 3 years of the act constituting abuse; or,
Within 3 years after discovery that they have sustained an injury that was caused by abuse.
Text:
Mont. Code Ann.§ 27-2-216 provides:
MCA 27-2-216. Tort actions -- childhood sexual abuse. (1) An action based on intentional conduct brought by a person for recovery of damages for injury suffered as a result of childhood sexual abuse must be commenced not later than:
(a) 3 years after the act of childhood sexual abuse that is alleged to have caused the injury; or
(b) 3 years after the plaintiff discovers or reasonably should have discovered that the injury was caused by the act of childhood sexual abuse.
(2) It is not necessary for a plaintiff to establish which act, in a series of acts of childhood sexual abuse, caused the injury that is the subject of the suit. The plaintiff may compute the period referred to in subsection (1)(a) from the date of the last act by the same perpetrator.
(3) As used in this section, "childhood sexual abuse" means any act committed against a plaintiff who was less than 18 years of age at the time the act occurred and that would have been a violation of 45-5-502, 45-5-503, 45-5-504, 45-5-505, 45-5-507, 45-5-625, or prior similar laws in effect at the time the act occurred.
(4) The provisions of 27-2-401 apply to this section.
History: Enacted 1989: En. Sec. 2, Ch. 158, L. 1989.
:
Retroactivity. The Montana legislature specifically provided that the statute be given retroactive effect: "[This act] applies to all causes of action commenced on or after October 1, 1989, regardless of when the cause of action arose. Section 5, Ch. 158, L. 1989. This action of the legislature was upheld in Cosgriffe v. Cosgriffe, 262 M 175, 864 P2d 776, 50 St. Rep. 1501 (1993), overruling E.W. v. D.C.H., 231 M 481, 754 P2d 817 (1988).
In Werre v. David, 913 P.2d 625 (Mont. 1996), the Montana Supreme court ruled that the statute of limitations does not being to run until the victims discovers the connection between the injury and his/her childhood sexual abuse. In addition, the Court ruled that the statute applies to acts against the perpetrator as well as to acts of negligence by non-perpetrator third parties.
Resources:
- Montana Constitution and Laws
- Montana Coalition Against Domestic and Sexual Violence
- Montana Links and Resources from Women's Law
Revised 09/03/2007. Copyright Susan K. Smith 1996-2002
|
