Great Falls Sexual Abuse Lawyer

Practice areaSexual Abuse

Great Falls & Montana Sexual Abuse Lawyers: Childhood Sexual Abuse, Sexual Assault and Institutional Abuse Claims

Boland Aarab PLLP.

Our attorneys: Caitlin Boland Aarab · Samir F. Aarab

If you were sexually abused, you may be able to bring a private, civil claim against the person who harmed you and any school, church, youth program or other institution that failed to protect you. In Montana, survivors of childhood sexual abuse generally have until age 27, or 3 years from a later discovery, to file.

You are in control of this conversation. You can read this page at your own pace, stop at any time, and reach out only when you are ready. If you are in crisis or need to talk to someone now, you can call or text 988, or call the National Sexual Assault Hotline at 800-656-4673. If you are in danger, call 911.

Key Takeaways
A survivor of childhood sexual abuse can generally file a civil claim before turning 27, or within 3 years of discovering, or when they reasonably should have discovered, that an injury was caused by the abuse (§ 27-2-216, MCA).
The same deadlines apply to claims against institutions whose employees, volunteers or agents negligently allowed the abuse.
A civil case is separate from any criminal case. You do not need a police report or a conviction to talk with us.
Your first conversation with us is confidential, and there is no obligation to file anything.

On this page: What a civil case is · Cases we handle · Time limits · Institutions · Privacy · How we work · What a case can do · Why Boland Aarab · FAQ

When you are ready, we are here. Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.

What is a civil sexual abuse claim?

A civil claim is a lawsuit you bring, on your own terms, to hold the person and any institution responsible accountable and to recover compensation for the harm done.

It is different from a criminal case:

You decide. A prosecutor decides whether to bring criminal charges. In a civil case, you decide whether to go forward, and you can stop.
The goal is different. A criminal case can lead to punishment. A civil case can pay for counseling and medical care, lost income and the lasting effects of abuse, and it can force an institution to face what it allowed.
The standard of proof is different. A civil case does not require proof “beyond a reasonable doubt,” and it does not require a criminal conviction.

Many survivors do not come forward for years. That is common, and it is not your fault. Montana’s law is written with that reality in mind.

What kinds of sexual abuse cases do we handle?

We represent survivors, and families acting for them, in cases involving:

Childhood sexual abuse by a family member, family friend, coach, teacher, clergy member, youth leader or caregiver.
Abuse in institutions, including schools, churches and religious organizations, youth and scouting programs, athletic programs, camps, foster care, group homes and residential treatment programs.
Abuse by medical or mental health providers.
Sexual assault of adults, including in nursing homes, care facilities, workplaces and by people in positions of trust.
School claims under Title IX, where a school or college responded to sexual abuse or harassment with deliberate indifference.
Insurance coverage disputes, where an institution’s insurer tries to avoid paying.

How long do you have to file a childhood sexual abuse claim in Montana?

In general, you must file before you turn 27, or within 3 years after you discover — or reasonably should have discovered — that an injury was caused by the abuse, whichever gives you more time (§ 27-2-216(1), (3), MCA).

A few things are important to understand:

“Childhood sexual abuse” means acts committed when the survivor was under 18 that would have violated Montana’s sexual offense laws listed in the statute (§ 27-2-216(2), MCA).
The age-27 rule gives every survivor time into adulthood. Before the 2019 amendments, the age cutoff was lower.
The discovery rule matters for many survivors. Many people do not connect their depression, anxiety, relationship struggles or other harm to the abuse until much later. The 3-year period runs from when that connection was, or reasonably should have been, made — even after age 27.
The rule applies to institutions too. The same age-27 and discovery deadlines apply to claims against an organization whose people negligently caused or allowed the abuse (§ 27-2-216(3), MCA).
The 2019 “revival window” has closed. In 2019 the Legislature opened a one-year window, running from May 7, 2019, for certain older claims, such as those where the abuser had admitted the abuse or where an institution knew of prior abuse and failed to act (§ 27-2-216(4)–(6), MCA). That window is over, but many survivors are still within the regular deadlines.
Abuse that happened in adulthood follows different, often shorter, deadlines.

Please do not decide on your own that it is too late. The deadline depends on your age, when the abuse happened, and when you understood its effects. A confidential conversation with a lawyer can answer that question.

Can an institution be held responsible?

Yes. An organization can be responsible when its own carelessness, or that of its employees, officers, volunteers or agents, allowed the abuse to happen or continue (§ 27-2-216(3), MCA).

Institutional claims often involve:

Negligent hiring and screening — no background check, or ignoring red flags.
Negligent supervision — allowing unsupervised one-on-one access to children, or no policies to prevent it.
Ignoring warnings — complaints from children, parents or staff that were dismissed, hidden or not reported.
Moving the problem — transferring an abuser to another school, parish or program instead of stopping them.
Failing to report — Montana law requires many professionals, including school staff, clergy and health care workers, to report suspected child abuse (§ 41-3-201, MCA).

Holding an institution accountable matters for two reasons. Institutions usually have insurance and assets that an individual abuser does not. And a civil case can bring out records that show what the institution knew, which can help protect other children.

Claims against public schools and other government entities have special notice rules (§ 2-9-301, MCA), so it is important to identify every responsible organization early.

Will my name and story stay private?

We protect your privacy at every step, and the law offers tools to do so.

Our conversations are confidential. What you tell us is protected by attorney-client confidentiality, even if you decide not to go forward.
You choose how much to share, and when. You do not have to tell us everything in the first call. We can start with the basics.
Court filings can protect your identity. Courts can allow survivors to use initials or a pseudonym, seal sensitive records and enter protective orders limiting who sees them. We ask for these protections when they are appropriate.
Many cases resolve privately. Settlements can include confidentiality terms that protect you, if that is what you want.
You can bring support. A family member, counselor or advocate can join you.

What is it like to work with us?

We follow a trauma-informed approach: we go at your pace, explain every step, and never pressure you.

A first conversation, with no obligation. You can call yourself, or have someone you trust call for you. We will listen, answer questions and explain your options.
Gathering records quietly. We can collect school, church, medical and counseling records, and investigate the institution, often without you needing to repeat your story.
Working with your counselor. With your permission, we coordinate with your therapist so the case supports, and does not disrupt, your healing.
Preparing you for each step. If you need to give testimony, we prepare you in advance, and we ask the court for protections where appropriate.
You make the decisions. Whether to file, settle or go to trial is always your choice.

Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.

What can a civil case accomplish?

A civil case can pay for the harm abuse caused and hold responsible people and institutions to account. Damages can include:

counseling, therapy and medical care, now and in the future;
lost income and lost earning ability;
emotional distress, pain and the loss of the life you should have had; and
in some cases, punitive damages where the conduct involved actual malice (§ 27-1-221, MCA).

Many survivors also tell us that being heard, and seeing an institution forced to answer for what it allowed, matters as much as any amount of money.

The Boland Aarab Way

We are a small Great Falls trial firm. When you work with us, you work with the two attorneys who will handle your case, from the first confidential conversation to the end.

We are prepared to go to trial. Institutions and their insurers take a case more seriously when they know the survivor’s lawyers will try it. The firm has tried more than a dozen jury trials in Cascade, Phillips, Meagher and Yellowstone Counties, and our attorneys have spent more than 4,000 hours in the courtroom.
We are comfortable in federal court. Institutional and Title IX cases are often heard there. Our attorneys have handled more than 40 cases in the U.S. District Court for the District of Montana over nine years, and Samir Aarab has argued twice before the Ninth Circuit.
We protect results on appeal. Our appellate record reaches back to 1977.
We are active in the trial bar. Both attorneys are members of the American Association for Justice and the Montana Trial Lawyers Association. Caitlin is an AAJ Governor and serves on the MTLA Board; Sam is also a member of Public Justice.

See our results.

Where do we handle sexual abuse cases?

From our office at 18 6th Street North, Suite 200, in Great Falls, we represent survivors across Montana, including Great Falls, Billings, Missoula, Helena, Bozeman, Butte and Kalispell. We can meet by phone or video if that is easier for you.

Sexual abuse cases across Montana

We are based in Great Falls and handle sexual abuse cases statewide. Local information for each city:

Frequently Asked Questions

Is it too late to file a claim for abuse that happened when I was a child? Maybe not. In Montana you can generally file before age 27, or within 3 years of discovering that an injury was caused by the abuse (§ 27-2-216, MCA). A confidential review can tell you where you stand.

Do I need to have reported the abuse to the police? No. A civil claim does not require a police report or a criminal conviction. Whether to report to law enforcement is your decision.

Can I sue the school, church or organization, not just the abuser? Often, yes, if the organization’s employees, volunteers or agents negligently allowed the abuse. The same Montana deadlines apply to those claims.

Will my name be made public? We take steps to protect your identity, including asking the court to let you use initials or a pseudonym and to seal sensitive records where appropriate. Our conversations are confidential.

What if the abuser has died or has no money? An institution that failed to protect you may still be responsible, and it may have insurance. Your options depend on the facts.

Do I have to tell you everything in the first call? No. You can share only what you are comfortable sharing. We can start with dates and places, and you can have someone you trust with you or call for you.

What did the 2019 changes to Montana law do? They extended the deadline to age 27 with a 3-year discovery rule, and opened a one-year window, now closed, for some older claims (§ 27-2-216, MCA).

Does it cost anything to talk to you? No. The first consultation is free and confidential, and there is no obligation.

Talk to a Great Falls Sexual Abuse Lawyer