Statute of Limitations in Montana - Why we need change:

In Montana, not all victims of childhood sexual abuse are given the opportunity to seek civil justice against their abusers. The way our law is written, a victim is only given three years after being abused to file a civil suit OR three years after realizing the injury. 


EVERY VICTIM SHOULD BE GIVEN THE OPPORTUNITY TO SUE THEIR ABUSER.


The exact language written into the law is as follows: 


  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, 45-5-507, 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. 


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-Dr. Suess