Montana Sexual Assault Lawyer

Sexual assault and abuse are offenses that can leave lasting physical and mental trauma to victims. Sadly, these offenses frequently occur against children. If you or your child has dealt with these offenses, a Montana sexual assault lawyer can help you file a claim. This claim can hold your abuser liable for the harm you suffered, as well as the institutions that protected them.

Protect Yourself With a Skilled Montana Sexual Assault Attorney

Doggett Law Offices has been helping individuals for 13 years in Missoula, as well as all throughout Montana. Our firm understands the complex effects of sexual abuse and childhood sexual abuse, and the many ways it can affect your life. We understand how to assess the financial and personal damages and fight for the financial compensation you deserve in Missoula sexual abuse claims.

We focus primarily on fighting for justice for victims of sexual abuse, particularly those who are the victims of serial abusers who are protected or shielded by significant institutions like churches, schools, universities, hospitals, and other organizations. Whether you were recently a victim, were a victim when you were a child, or are the parent of a child who has been abused, it is crucial that you get compassionate and effective legal representation.

Understanding a Civil Claim vs. a Criminal Case

Civil and criminal cases occur in different courts. A criminal case is handled by the criminal court, and charges are pressed by the state. This case determines the guilt and sentencing of the alleged offender. A civil case is not for punishing the offender, but for securing compensatory damages for the individuals who were hurt by the offender’s actions.

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Who Can Be Held Accountable in a Sexual Abuse Claim?

The primary party who can be held liable in a sexual abuse claim is the perpetrator of the abuse. Sexual abuse offenses have increased by 62.5% from fiscal year (FY) 2020 to FY 2024, according to the United States Sentencing Commission. Individuals who commit sexual abuse, particularly against children, often have multiple victims. Holding them criminally and civilly liable is crucial to holding them accountable and preventing further abuse of others.

However, while these individuals can be held civilly liable, it may be hard to recover damages from them. The harm they caused often substantially exceeds their income and other financial resources. There may be other options for other claims against negligent parties.

Claims can also be filed against employers, businesses, and institutions that failed to prevent the abuse and misconduct, failed to vet employees, or otherwise were negligent in stopping sexual abuse from occurring. Claims could be filed against:

• Institutions. There are many organizations and businesses that could be held liable if they fail to take the appropriate actions to prevent sexual abuse from happening. This may include not properly vetting their employees or those in their institution, or failing to investigate claims of abuse.

• Property owners. Injuries on someone else’s property may make the owner liable, including harm caused by criminal acts. A property owner might be liable if there were insufficient security measures in place, leading to abuse.

• Employers. The employer of an offender might be liable for negligence, such as failing to conduct proper background checks on employees with a criminal history of these offenses. The employer is more likely to be liable if the individual committed the abuse in the scope of their job duties, such as a doctor or healthcare provider at a hospital or a professor at a university.

• Governmental agencies. A governmental agency may be liable for abuse in a facility or agency operated by the state or federal government. These cases might be filed against the Indian Health Service (IHS) or against state and municipal governments in Montana. These claims have unique timelines that have to be followed, as well as other requirements.

These institutions and entities often carry insurance, such as property or workers’ compensation insurance. Claims against this insurance are much more likely to secure compensation that can actually cover the damages suffered. When you hire a sexual assault lawyer, they can review the specifics of your case to determine the party or parties who hold responsibility for what you have suffered.

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What Institutions May Be Liable?

There are many institutions, businesses, and organizations that may be liable for negligence in allowing sexual assault and abuse to occur. Institutions that may be liable include:

• Churches and other religious institutions
• Childcare and daycare centers
• Public and private schools
• Colleges and universities
• Hospitals and other medical institutions
• Summer and recreational camps
• Youth organizations, like Boy Scouts or Girl Scouts
• Juvenile rehabilitation facilities and programs
• Athletic clubs and sports leagues
• Recreational and activity groups
• Workplaces
• Security companies

These companies or organizations often turn a blind eye or take actions to cover up the offenses caused by a member or employee. It can be difficult and often traumatic to deal with the organizations complicit in sexual abuse. By working with an attorney, you can get the support you need to file a claim and hold these institutions responsible. Your attorney can handle direct communication on your behalf.

Who Has the Grounds to File a Sexual Abuse Claim?

If you were harmed because of sexual abuse, you could file a claim against the perpetrator. Even if they were not convicted in criminal court, you may still have grounds for a civil claim.

You may have the grounds for a civil claim for sexual abuse against an institution if the sexual abuse occurred on the grounds of the institution, and the abuse was committed by a staff member, employee, or other member of the organization. Institutions can be held liable if they fail to uphold the duty of care they owe patients, members, students, and other individuals, especially those who are children.

If the victim of the abuse was and is still a child, then a parent or other personal representative can file the case on their behalf. However, compensation won in the claim will still go to the child.

What Compensation Can Be Recovered in a Claim for Sexual Abuse?

There are many costs associated with dealing with the aftermath of sexual abuse or assault. This includes not only the physical harm done by the crime, but the mental and psychological effects. The Centers for Disease Control reported that the average cost for sexual assault survivors was $122,461 per person. This included costs such as medical expenses, costs of pursuing criminal justice, and lost income from lowered work productivity.

A claim for sexual abuse against an offender or institution could recover damages such as:

• The immediate expenses and long-term costs of medical treatment
• Other healthcare costs, like therapy
• Reduced or lost income as a result of mental, physical, and emotional trauma
• Physical and emotional pain and trauma

These are all compensatory damages, meaning they are meant to make up for a loss you suffered. In sexual abuse cases, you could also recover punitive damages, which exist to punish the at-fault party for actual malice. Both offenders and the institutions that allowed the abuse could be held liable for punitive damages, depending on the circumstances of your situation.

Financial damages can help you move forward with your life, provide a sense of closure, and help you hold the perpetrator and negligent institutions responsible.

How Long Do You Have to File a Sexual Abuse Claim?

There are time limits for civil claims, called the statute of limitations. If a claim isn’t filed by the relevant time limit, then you will be barred from financial recovery. That’s why it is important to act quickly to file a claim and begin working with an attorney.

For adults who have suffered sexual abuse or parents of children who were sexually abused, it’s important to be aware of the primary personal injury statute of limitations. In Montana, this limit is three years from the date of the injury caused by negligence or intentional action.

Child victims of sexual abuse frequently do not speak out about what they suffered until they are older. Many adults who were childhood sexual assault victims may believe they are no longer able to file a case because of civil time limits, but victims of childhood sexual abuse have much longer time periods to file. The statute of limitations for these cases is:

1. Before the victim, who was injured by the abuse, turns 27 years old
2. Not more than three years from the discovery of the injury caused by the abuse or from the date the injuries should reasonably have been discovered

If you were a victim of sexual abuse before you turned 18, you have this longer window of time to file a claim for sexual abuse. There are many other specifics that can change the exact limits you have to file, which can be confusing. An attorney can help you review the specifics of your situation and what civil time limits apply to you.

Meet Our Attorneys

Michael Doggett

-Attorney

Reach Out to Doggett Law Offices in Missoula Today – Hire a Sexual Assault Lawyer

The team at Doggett Law Offices wants to help individuals and families like you stand up against injustice. These cases are not easy to navigate, but they can offer significant benefits for you and your loved ones. Reach out to our firm today for a free consultation to discuss your case.