Missoula Sexual Abuse Lawyers

Missoula Sexual Abuse lawyer icon, Boland Aarab PLLP

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Missoula Sexual Abuse Lawyers: Civil Claims for Survivors of Childhood Abuse, Campus Assault and Institutional Abuse in Missoula County

Boland Aarab PLLP.

If you were sexually abused as a child or assaulted as an adult in Missoula, you may be able to bring a civil claim against the person who harmed you and against any school, church, program or employer that allowed it. A civil case is separate from any criminal case, and you decide whether to go forward. Your first conversation with us is confidential.

Key Takeaways

  • A survivor of childhood sexual abuse can generally file 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 that negligently allowed the abuse.
  • In Missoula, adults can get a forensic exam and advocacy at First Step Resource Center without making a police report (Providence).

When you are ready to talk, we will listen, confidentially and without obligation. Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.

Where can a survivor get help in Missoula right now?

You do not need a lawyer to get care, and you do not need to report to police to get care. Missoula has resources that operate around the clock:

  • First Step Resource Center, at Providence St. Patrick Hospital, 500 West Broadway, (406) 329-5776, open 24 hours a day. First Step includes a children’s advocacy center and offers adult survivors a medical exam, preventive medications, evidence collection by trained Sexual Assault Nurse Examiners, and advocacy. Adults “may access our services without making a report to law enforcement” (Providence).
  • YWCA Missoula offers crisis counseling, shelter and a 24-hour crisis line for survivors of sexual and domestic violence, (406) 543-6691 (listed in University of Montana resources).
  • The University of Montana’s Title IX office handles reports involving students and employees (UM Equal Opportunity and Title IX).
  • Law enforcement, if and when you choose: the Missoula Police Department inside the city, the University of Montana Police Department on campus, and the Missoula County Sheriff’s Office elsewhere in the county.

Medical and advocacy records made at the time can become important evidence later, even if you do not decide about a civil case for years.

How has Missoula’s response to sexual assault been examined?

We mention this history not to reopen it, but because it explains why Missoula survivors today may find more developed reporting systems than existed a decade ago, and why institutional policies, training and records matter so much in a civil case. When a school, program or employer had written policies and did not follow them, that is often the core of an institutional claim.

What happens after sexual abuse in Missoula if you bring a civil case?

  1. A confidential conversation. You tell us as much or as little as you want. There is no obligation to file anything.
  2. Investigation. We gather what exists: medical and counseling records, school or employment records, prior complaints, and the institution’s own policies. If there was a criminal case in Missoula County, its public record can help.
  3. Protecting your privacy. We discuss options for limiting the use of your name in court filings.
  4. Filing. A civil case is filed in the Fourth Judicial District Court at the Missoula County Courthouse, 200 West Broadway (Missoula County District Court). Claims involving federal civil rights, federal funding rules such as Title IX, or out-of-state institutions may be heard in the Missoula Division of the federal court at the Russell Smith Federal Courthouse, 201 East Broadway (U.S. District Court, Missoula).
  5. Government entities. Claims against a public school district, the University or another public body carry special notice rules (§ 2-9-301, MCA).

Montana law that applies

  • Childhood abuse deadlines: before age 27, or within 3 years of discovery, against both the abuser and negligent institutions (§ 27-2-216, MCA). The 2019 revival window has closed.
  • Adult assault claims have shorter deadlines, generally 2 years for assault and battery claims against the person (§ 27-2-204(3), MCA); negligence claims against an institution may have different limits. Get advice early.
  • Mandatory reporting: many professionals, including school staff, clergy and health care workers, must report suspected child abuse (§ 41-3-201, MCA).

For more, see our Montana sexual abuse lawyer page.

Why hire a Great Falls firm for a Missoula case?

For some survivors, a firm outside their own community is a relief: no chance of running into your lawyer at the grocery store, and no local ties to the institution involved. We are based in Great Falls and handle these cases statewide. Our attorneys travel to Missoula for depositions, hearings and trial, and we can meet wherever you feel comfortable, including by phone or video.

The Boland Aarab Way

  • We hold institutions accountable. We obtained a $550,000 civil-rights and wrongful-death settlement in Estate of Alexander v. Cascade County.
  • We know federal court. Our attorneys have handled more than 40 cases in the U.S. District Court for the District of Montana over nine years.
  • We try cases. Our firm has tried more than a dozen jury trials, and our attorneys have spent more than 4,000 hours in the courtroom.
  • We are part of the trial bar. Both attorneys belong to AAJ and the Montana Trial Lawyers Association, and Samir Aarab is also a member of Public Justice.

We also handle Missoula nursing home abuse and Missoula wrongful death cases, and other Missoula personal injury claims.

Frequently Asked Questions

Do I have to report to Missoula police before I can bring a civil claim? No. A civil case does not require a police report or a criminal conviction, and First Step in Missoula serves adults who choose not to report.

I was abused as a child in Missoula decades ago. Is it too late? Maybe not. Montana generally allows claims until age 27, or within 3 years of discovering that an injury was caused by the abuse. A confidential review can tell you where you stand.

Can I bring a claim against a Missoula school, church or youth program? Yes, if its employees, volunteers or leaders negligently allowed the abuse to happen or continue. Claims against public entities have special notice rules.

I was assaulted as a University of Montana student. What are my options? You can report to UM’s Title IX office, to police, both or neither. A civil claim against the person, and possibly against an institution, is separate, and adult deadlines can be short.

Will my name be public if I file in Missoula County? Not necessarily. We discuss ways to protect your privacy in court filings before anything is filed.

Talk to a Missoula Sexual Abuse Lawyer

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

Our attorneys: Caitlin Boland Aarab · Samir F. Aarab

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.