Helena, MontanaHelena Sexual Abuse
Helena Sexual Abuse Lawyers: Childhood Sexual Abuse, Institutional Abuse and Survivor Claims in Lewis and Clark County
Boland Aarab PLLP.
If you were sexually abused in Helena, as a child or an adult, you may have a private civil claim against the abuser and any institution that failed to protect you. Montana survivors of childhood abuse generally have until age 27, or 3 years from a later discovery. Talking with us is confidential and commits you to nothing.
Key Takeaways
- A survivor of childhood sexual abuse can generally file a civil claim before turning 27, or within 3 years of discovering 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 (§ 27-2-216(3), MCA).
- A civil case is separate from any criminal case. You don’t need a police report or a conviction to talk with us.
Ready to talk, confidentially and on your own terms? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
What should Helena survivors know about institutional claims?
Three lessons from that history matter to survivors today:
- Institutions can be held responsible. Montana law applies the same age-27 and discovery deadlines to claims against an organization whose people negligently caused or allowed abuse. That includes a school, church, youth program, athletic program, camp, residential treatment program or employer.
- Bankruptcy can change the path of a claim. When an institution has gone through bankruptcy, a claim against it may be governed by the court-approved plan, which can set its own deadlines and procedures. Survivors whose abuse involved an organization that has been in bankruptcy should get advice about how the plan affects them before assuming anything.
- Records exist. Institutional cases often turn on what the organization knew: personnel files, prior complaints, and internal correspondence. A civil case can bring those records into the open.
In a city the size of Helena, survivors often worry about being recognized, and about the abuser’s or the institution’s standing in the community. Those concerns are legitimate, and there are ways to address them.
What happens after sexual abuse in Helena?
Safety first. If a child is in danger now, call 911. You can report abuse to the Helena Police Department inside the city, or to the Lewis and Clark County Sheriff’s Office elsewhere in the county. Criminal charges are decided by the Lewis and Clark County Attorney.
The criminal and civil cases are separate. A criminal case can lead to punishment. A civil case, which you bring and control, can pay for counseling and medical care, lost income and the lasting effects of abuse. You can bring a civil claim whether or not charges were ever filed.
Medical and counseling care. Get care from providers you trust. Records of treatment, when you are ready to share them, often become important evidence.
Protecting your privacy. Our conversations are confidential. In court, survivors can ask to use initials or a pseudonym, to seal sensitive records and to limit who sees them through protective orders. We ask for those protections when they are appropriate. Many cases also resolve privately.
Where a case is filed. A civil case arising in Helena is generally filed in the First Judicial District Court at the Lewis and Clark County Courthouse, 228 Broadway (§ 3-5-101(1), MCA). Some claims are heard in federal court: school claims under Title IX, cases against out-of-state organizations, and cases connected to a bankruptcy. For Helena, that court is the U.S. District Court’s Helena Division at the Paul G. Hatfield Federal Courthouse, 901 Front Street (D. Mont. L.R. 1.2).
Montana law that applies
- Deadlines. Before age 27, or within 3 years of discovering that an injury was caused by the abuse, whichever gives more time. The same rules apply to institutional defendants (§ 27-2-216, MCA).
- The 2019 revival window has closed. It opened on May 7, 2019, for one year, for certain older claims. Many survivors are still within the regular deadlines.
- Adult survivors. Claims for abuse suffered as an adult generally follow other Montana deadlines, which can be much shorter. Get advice soon.
Please do not decide on your own that it is too late. Our Montana sexual abuse lawyer page explains the law and the process in more depth.
Why hire a Great Falls firm for a Helena case?
Some Helena survivors prefer a lawyer outside the community, someone with no social, professional or church ties to the people and institutions involved. We are based in Great Falls, and we handle these cases across Montana. We will meet you where you are comfortable, in Helena or elsewhere, or by phone or video. When the case requires it, our attorneys come to Helena for depositions, hearings and trial.
The Boland Aarab Way
- You work with two attorneys. From the first confidential conversation to the end, you work with the lawyers handling your case, not an intake center.
- 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.
- We hold government accountable. We resolved Estate of Alexander v. Cascade County, a civil-rights and wrongful-death case, for $550,000 (case summary).
- We are part of the trial bar. Both attorneys belong to AAJ and MTLA. Caitlin Boland Aarab is an AAJ Governor and serves on the MTLA Board, and Samir Aarab is also a member of Public Justice.
We also handle wrongful death cases in Helena, nursing home abuse in Helena and other Helena personal injury cases.
Frequently Asked Questions
I was abused as a child in Helena decades ago. Is it too late? Maybe not. 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.
The organization involved went through bankruptcy. Can I still bring a claim? It depends on the bankruptcy plan and its deadlines, and on when and how your claim arose. Get advice about the plan before assuming either way.
Do I have to report to the Helena police before I call a lawyer? No. Reporting is your choice, and a civil claim doesn’t require a police report or a conviction. If a child is in danger now, call 911.
Will people in Helena find out? Our conversations are confidential. Courts can allow initials or a pseudonym and seal sensitive records, and many cases resolve privately.
Where would my case be filed? Usually in the First Judicial District Court in Helena. Title IX and some institutional or bankruptcy-related cases are in federal court, in the Helena Division at the Paul G. Hatfield Courthouse.
Talk to a Helena Sexual Abuse Lawyer
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Our attorneys: Caitlin Boland Aarab · Samir F. Aarab
Sources: § 27-2-216, MCA · § 3-5-101, MCA · D. Mont. L.R. 1.2
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
