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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.
Commentary:
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:
Revised
09/03/2007. Copyright Susan
K. Smith 1996-2002
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