Lawsuit Information Center
Under Montana law, anyone who has been the victim of sexual abuse or assault can file a civil lawsuit against not just the person who abused them, but also against churches, schools, or other third parties who negligently enabled the abuse. This post will look at the basic elements of a sex abuse lawsuit in Montana. Our lawyers also analyze the potential settlement value of Montana sex abuse lawsuits.
If you have a potential claim for sex abuse or assault, contact our attorneys today at 800-553-8082 or get a confidential case evaluation online.
Definition of Sexual Abuse in Montana
Sexual abuse and sexual assault are defined in Montana as any deliberate sexual touching or contact without the other individual’s consent, motivated by sexual gratification, arousal, or humiliation.
To meet the criteria of sexual abuse or battery, two fundamental components must be present. First, the sexual touching must be intentional. Instances where one unintentionally touches a person’s breast or genitals, such as in a crowded elevator or while attempting to prevent a fall, lack the requisite intent to qualify as sexual battery.
The second crucial element is the absence of consent. For intentional sexual touching to be deemed sexual abuse, it must occur without consent. Under Montana law, individuals under 18 years of age are incapable of providing consent for sexual touching. This means that any sexual interaction with a minor by an adult is automatically classified as sexual battery.
For example, if an adult engages in a sexual relationship with a 15-year-old, it constitutes sexual battery even if the 15-year-old consents willingly. Legally, the 15-year-old lacks the capacity to consent to sexual contact with the adult.
When Can You Sue for Sexual Abuse in Montana?
Sexual abuse or assault are a criminal and civil offenses in Montana. This means that sex abuse victims have the right to press criminal charges and/or file a civil lawsuit and seek financial compensation. Anyone who has been the victim of sexual abuse or assault can file a lawsuit.
Sex abuse victims can file a civil lawsuit regardless of whether the abuser was ever criminally charged or convicted. In fact, victims can file a civil lawsuit even if they never reported it to the police and even if they never told anyone about the incident.
The burden of burden for proving sexual battery in a civil case is much lower than the burden in a criminal case. The key is you do not have to prove guility beyond a reasonable doubt which is a huge hurdle criminally. This means it is much easier for a plaintiff in a civil lawsuit prove that the sexual abuse or assault occurred. So even if an abuser escapes criminal justice, they can still be held accountable in a civil court.
Statute of Limitations for Sex Abuse Lawsuits in Montana
Montana has one of the stricter statutes of limitations (SOL) for filing civil sex abuse lawsuits compared to many other states. Survivors of childhood sexual abuse face a relatively short window to seek justice in civil court. Under MONT. CODE. ANN. § 27-2-216, victims of childhood sexual abuse only have until their 27th birthday to file a lawsuit. This is calculated as the age of majority (18) plus nine additional years, meaning that victims must take legal action before turning 27 or risk losing their right to pursue compensation for the harm they suffered.
For many survivors, especially those who repress or do not fully understand the impact of their abuse until adulthood, this deadline can be a significant barrier to justice. Research shows that it is common for survivors of childhood sexual abuse to take decades to process their trauma and come forward. While many states have recognized this by extending or completely eliminating their SOLs for childhood sex abuse cases, Montana continues to enforce a strict filing deadline. This makes it tough on every Montana sexual abuse lawyer trying to get justice for a worthy victim.
However, Montana law does provide a limited exception to this deadline through the state’s three-year “discovery rule.” This rule allows victims to file a lawsuit within three years from the date they discovered or reasonably should have discovered that they were sexually abused. This is meant to account for situations where victims may have repressed memories of the abuse or only later realized the emotional, psychological, and physical impact it had on them. However, the discovery rule is often litigated and does not always guarantee an extension of time.
Montana’s strict statute of limitations contrasts sharply with many other states that have expanded access to justice for survivors by enacting “lookback windows”—temporary periods that allow victims to file lawsuits regardless of when the abuse occurred. Currently, Montana does not have a lookback window, meaning survivors who were abused decades ago have no recourse in civil court unless their case qualifies under the discovery rule. Efforts to reform Montana’s laws and expand the rights of abuse survivors have faced a lot of pushback by churches, schools, and businesses. The result so far has been too many worthy victims with no legal avenue to hold perpetrators or institutions accountable.
Getting Money in Montana Sex Abuse Lawsuits
The primary and most direct defendant in a sex abuse civil lawsuit is always the person who committed the abuse. The problem is that in most cases suing the individual abuser won’t get you anything because they won’t have money to pay any verdict or settlement (unless the individual is someone very wealthy like Harvey Weinstein or Donald Trump).
The best way to get money in a civil lawsuit for sexual abuse is to sue a third party for negligence in connection with the abuse. Common examples of third parties who can be sued in sex abuse lawsuits include schools, churches, youth organizations (e.g., Boy Scouts), gyms, etc. These parties can be held liable in a civil case if the plaintiff can show that their negligence somehow enabled the abuse to occur or to continue. Third parties in sex abuse lawsuits can also be held liable if they attempted to cover up abuse incidents after the fact.
Let’s consider a very typical example of how third parties can be held liable for sex abuse. Let’s say that a guard at a juvenile detention facility is sexually abusing inmates. Several of these victims file complaints, but the facility basically ignores them and allows the guard to continue his abuse. The victim can file a civil lawsuit against the detention facility (or the state agency that operates it) for negligently failing to investigate and protect them from abuse.
Dr. Tyler Hurst Patient Sex Abuse Lawsuits
Dr. Tyler Hurst, an emergency medicine physician in Missoula, has recently pleaded guilty to multiple counts of criminal sexual assault involving patients. According to prosecutors, Dr. Hurst used his position of trust and authority to prey on vulnerable female patients while they were under his medical care at a hospital in Missoula.
The victims of Dr. Hurst’s abuse describe a disturbing pattern of misconduct, including inappropriate touching and sexual assault during medical examinations. Some of the assaults reportedly occurred when patients were sedated, in distress, or otherwise unable to consent. Investigators have indicated that the number of victims could be higher than initially reported, as additional patients have come forward with allegations.
Survivors of Dr. Tyler Hurst’s abuse may have grounds to pursue civil lawsuits against him and potentially against the hospital or healthcare institution where he practiced. Medical facilities have a duty to vet, supervise, and discipline their staff members appropriately. If hospital administrators ignored red flags, failed to act on complaints, or otherwise allowed Dr. Hurst to continue treating patients despite concerns about his behavior, they may bear legal liability for enabling his misconduct.
Montana Juvenile Detention Center Sex Abuse Lawsuits
In recent years, investigations and high-profile cases have called attention to the fact that sexual abuse of minor inmates at juvenile detention facilities in Montana is a widespread problem. Federal and state investigations and reports have revealed that juveniles in Montana juvenile detention centers were frequently subjected to sexual abuse by staff members. These predatory staff members were hired to protect the juvenile inmates under their care, but instead they used threats, force, and coercion to subject them to sexual abuse and assault.
These reports have also shown that the state of Montana and its various counties were negligent in failing to prevent this abuse. Both the state of Montana, the counties that operated local juvenile detention facilities, and various privately operated facilities, systematically ignored reports of abuse, failed to properly screen staff members, and failed to enact safeguards to protect juvenile inmates from sexual abuse. A growing number of victims are now filing lawsuits against the state of Montana for sexual abuse at juvenile detention centers. Some of the main juvenile detention facilities in Montana include:
- Cascade County Juvenile Detention Center – Great Falls, MT
- Missoula County Juvenile Detention Center – Missoula, MT
- Pine Hills Youth Correctional Facility – Miles City, MT
Victims of sexual abuse in Montana juvenile correctional facilities are now bringing detention center sex abuse lawsuits against the state and getting financial compensation.
Montana Residential Treatment Abuse Lawsuits
Montana has seen a growing number of lawsuits related to abuse in residential treatment facilities, raising concerns over the safety of vulnerable individuals placed in these programs. Many allegations stem from woefully inadequate oversight, unqualified staff, and failure to protect residents from harm. These lawsuits make clear that residential treatment centers—in Montana but really everywhere—have a desperate need for stronger regulations and accountability to stop sex abuse from occurring.
Too many sex abuse lawsuits have uncovered instances where employees with highly questionable backgrounds were given unsupervised access to minors. This is an obvious and foreseeable recipe for disaster.
Another concern that gets raised in these suits is the deceptive marketing practices employed by some residential treatment centers. Most of these facilities are for-profit. Too often, they put profit ahead of children. Residential treatment facilities have been accused of misrepresenting their safety protocols, staff qualifications, and treatment effectiveness. Many families placed their trust in these institutions, only to later discover they unknowingly put their troubled children at grave risk.
As legal battles continue, attorneys representing survivors are laser focused on holding negligent treatment centers accountable. The fight for justice not only seeks compensation for victims but also aims to set a precedent for improved safety measures and ethical standards in Montana’s residential treatment industry.
Here are the key facilities operating across Montana.
| Facility Name | Location | Ownership/Operator |
|---|---|---|
| Badlands Recovery Center | Glendive, MT | CCCS Run |
| Recovery Centers of Montana, LLC | Columbia Falls, MT | Recovery Centers of Montana |
| Intermountain | Helena, MT | Intermountain (Non-profit) |
| White Sky Hope Center | Box Elder, MT | Rocky Boy |
Clergy Abuse in Montana
The history of clergy sexual abuse in Montana mirrors a broader pattern of misconduct and institutional failure that you see all across the country. Numerous allegations have surfaced involving clergy members from different denominations engaging in sexual abuse. The primary target is, and has always been, vulernable children.
In the Catholic Church, both the Diocese of Helena and the Diocese of Great Falls–Billings have had their full with clergy abuse lawsuits. The Diocese of Helena had to file for bankruptcy to settle approximately 360 claims of sexual abuse, resulting in a $21 million settlement. Similarly, the Diocese of Great Falls–Billings filed for bankruptcy in 2017 and reached a $20 million settlement with more than 80 individuals who alleged abuse by clergy members.
One really depressing aspect of the Montana story involves the assignment of accused priests to Native American reservations and associated boarding schools. Reports indicate that some clergy members with credible accusations of sexual abuse were transferred to these remote communities. This was beyond awful. Institutions such as the St. Ignatius Mission School were implicated, with former students alleging physical, sexual, and emotional abuse by clergy and staff.
Montana is trying to evolve to meet these problems. There have been legislative efforts to address the systemic issues that allowed clergy sexual abuses to persist unchecked. For instance, a new 2025 bill would limit clergy exemptions from mandatory child abuse reporting, reflecting a growing recognition of the need for accountability within religious institutions. But for many people who have suffered abuse, it is too little, too late.
Montana Sex Abuse Verdicts and Settlements
Settlement amounts in Montana sex abuse lawsuits are hard to calculate. How do you put dollar amount on this level of pain and suffering? But it is something sexual abuse lawyers must do.
When you look at values, it all starts with the ability of the defendant to pay. Individual abusers rarely have the assets to pay a substantial settlement. But institutions with liability insurance or significant financial resources often agree to higher settlements to avoid prolonged litigation and reputational harm. Additionally, punitive damages may be awarded in cases where the defendant’s negligence or misconduct was particularly reckless. This fear of these damages drive sex abuse settlement payouts.
Once you get past the hurdle of someone who can pay a judgment, our attorneys turn our attention to severity and duration of the abuse when calculating settlement compensation. Cases involving prolonged or repeated abuse typically result in higher settlements than isolated incidents (athough it depends on the context.—a single incident can be worth millions.
Below are example results in prior claims. Montana sex abuse settlements and jury verdicts provide helpful reference points. But rememeber that each case is unique, and there is no fixed formula for calculating settlement compensation. The state’s strict statute of limitations can also impact settlement negotiations, as survivors who are close to their legal filing deadline may face pressure to settle more quickly.
- $21,000,000 Settlement: The Diocese of Helena agreed to pay $21,000,000 to settle clergy sexual abuse claims brought by a group of over 360 individual victims. The settlement agreement was reached through mediation within the Diocese bankruptcy and most of the settlement is being covered by insurance carriers for the Diocese.
- $2,200,000 Verdict: A 16-year-old female suffered sexual molestation inflicted by the male defendant at a nonparty apartment building. The plaintiff contended that the defendant wrongfully lured her to the apartment building, along with a nonparty female friend, and forced her to engage in sexual acts with him in exchange for money. The defendant denied liability and contended that the plaintiff and her nonparty friend consented to the sexual acts.
- $20,000,000 Settlement: The Diocese of Great Falls-Billings reached a $20 million settlement with a group of 86 victims of alleged clergy sexual abuse. The alleged sexual abuse occurred between the 1940s and the 1980s and involved over 20 separate priests and other clergy.
- $20,000 Verdict: A 16-year-old female alleged that she suffered molestation and emotional distress when the 63-year-old male defendant paid her and her 15-year-old friend so he could watch them kissing, and that he joined them and performed oral sex upon them. The plaintiff hired a Montana sex abuse lawyer and contended that the defendant sexually molested her without her consent, that the encounter was painful, and that she felt threatened by him. The jury obviously did not buy into theentirely of young woman’s clams based on this verdict.
- $160,000 Verdict: A 10-year-old female suffered emotional distress as the result of being sexually abused by the defendant state’s foster child was placed in the care of the plaintiff’s grandparents. The plaintiff claimed that the foster child had been sexually abused by his parents and had sexually abused other individuals in previous foster homes and facilities. The plaintiff contended that the defendant negligently failed to warn of the foster child’s sexual history. The defendant claimed that they warned the plaintiff that the foster child was ‘physically violent‘ and contended that this was an adequate warning.
Contact Us About Montana Sex Abuse Lawsuits
If you have a potential lawsuit in Montana for sexual abuse or assault, contact our attorneys today at 800-553-8082 or contact us online.