Montana Sexual Assault Laws
Across the country, survivors of clergy abuse are coming forward with their experiences. Many of the allegations are several decades old. Thus, under many state laws, survivors are no longer able to file civil lawsuits against their abusers. Recognizing this legal rights issue, state lawmakers are making legislative changes to help victims.
Several states passed significant legislation to broaden the rights of survivors of abuse. In 2019, Montana joined this list of states by passing House Bill 640.
Montana House Bill 640 Revises Childhood Sexual Abuse Laws
In May 2019, Montana Governor Steve Bullock signed House Bill 640 (HB 640) into law. HB 640 expanded the legal rights of victims of childhood sexual abuse. The law provides a number of important provisions:
- HB 640 extended the legal deadline for civil claims of childhood sexual abuse.
- HB 640 opened a one-year “look back” window during which a survivor of childhood sexual abuse file a civil lawsuit against an abuser regardless of the legal deadlines.
- HB640 removed the legal deadline to press criminal charges against a perpetrator of childhood sexual abuse.
Montana Clergy Abuse Lawsuits
The Catholic Church is currently facing clergy abuse lawsuits across the United States. The Montana Dioceses of Helena and Great Falls-Billings have faced many lawsuits regarding clergy sex abuse. Both dioceses filed for bankruptcy to cover their debts brought on by litigation.
What Is the Statute of Limitations on Priest Sexual Abuse in Montana?
To file a legal claim against an abuser, a victim of sexual abuse must file a claim within the statute of limitations.
A statute of limitations (SOL) is a legal deadline. SOLs vary based on the jurisdiction, the crime and the intended legal action (criminal charges versus a civil claim).
In the state of Montana, a victim of child sexual abuse must follow one statute to press criminal charges and a different statute to file civil claims against an abuser.
Civil Claims
In Montana, a survivor of childhood sexual abuse must file civil claims against an abuser:
- Before the survivor reaches 27 years of age
OR
- No later than 3 years after the survivor discovers or reasonably should have discovered that an injury was caused by an experience of childhood sexual abuse
Before Montana lawmakers passed HB640, abuse victims had to file civil claims before they reached 24 years of age.
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Speak With Our Lawyers About Montana’s Statutes Today
Criminal Charges
In Montana, there is no legal deadline to press criminal charges against a perpetrator of child sexual abuse. The time limit on criminal charges of child sex abuse was eliminated by HB640.
Montana Legal “Look Back” Window
HB640 opened a one-year legal “look back” window in the state of Montana. Starting May 7, 2019, any survivor of child sexual abuse has one year to file a civil claim against his or her abuser. This includes cases that are expired according to the new legal deadline for civil claims.
Montana’s “look back” window does have one main criteria that must be met to file a claim. The abuser or named defendant in the case must be alive at the time the legal action begins. This provision limits some survivors of clergy abuse from filing a claim in cases where the abusive priest is deceased.
The Montana “look back” window for child sexual abuse survivors closed on May 6, 2020.
Dioceses of Montana Bankruptcies
Currently, more than 20 Catholic dioceses filed for bankruptcy after facing clergy abuse lawsuits in the United States. For these Catholic dioceses, many of the creditors are survivors of clergy abuse.
The two Catholic Dioceses of Montana both filed for bankruptcy in the midst of abuse allegations and legal claims.
Helena Diocese
In January 2014, the Diocese of Helena filed for bankruptcy. Prior to filing, the diocese paid $9 million to settle clergy abuse claims. Because of this, by 2014, the diocese was struggling financially and still faced numerous sexual abuse claims. Bankruptcy allowed the diocese to reorganize its assets to maintain operations and settle its debts.
A little over a year after filing, the diocese paid approximately $21 million to compensate 360 victims. As part of the bankruptcy settlement, the diocese also agreed to several non-monetary conditions.
Non-Monetary Terms of Helena Diocese Bankruptcy Settlement
- The Helena Diocese agreed to run background checks on all clergy, diocesan staff, and volunteers.
- The Helena Diocese agreed to psychologically evaluate seminarians.
- The Helena Diocese agreed to publish a list of abusive clergy members on its website.
Great Falls-Billings Diocese
In March 2017, the Diocese of Great Falls-Billings Diocese filed for bankruptcy. However, the bankruptcy filing for the diocese was shrouded in controversy.
Between 2011 and 2018, 86 people made claims of child sexual abuse against the Diocese of Great Falls-Billings. Before the first trial began, the diocese filed for bankruptcy.
An additional lawsuit against the Diocese of Great Falls-Billings was filed shortly after the bankruptcy filing. The lawsuit claimed the diocese transferred assets into a non-profit corporation before filing for bankruptcy.
By moving assets into a non-profit corporation, the Great Falls-Billings Diocese protected assets from the scrutiny of the U.S. Bankruptcy Court, claiming fewer assets than the diocese actually had.
In March 2018, the diocese filed to dismiss the bankruptcy proceedings. The diocese claimed that stalled mediation attempts were financially draining the diocese. However, later that year, the diocese reached a settlement agreement with victims through the bankruptcy court. The diocese paid $20 million to compensate 86 victims. Like the Diocese of Helena, the Great Falls-Billings Diocese agreed to non-monetary terms.
Non-Monetary Terms of Great Falls-Billings Diocese Bankruptcy Settlement
- The Diocese of Great Falls-Billings agreed to publish the names of abusive clergy members on its website. The list will remain online for 10 years.
- The Diocese of Great Falls-Billings agreed to publish victim statements on its website for two years.
- The Diocese of Great Falls-Billings agreed to continue conducting background checks and psychological screenings of clergy members and seminarians.
- The Bishop of the Diocese of Great Falls-Billings agreed to meet with any survivor of clergy abuse who wishes to meet.
- The Bishop of the Diocese of Great Falls-Billings agreed to visit every group of parishes where abuse occurred.
- The Diocese of Great Falls-Billings agreed to prominently display a phone number and email address on its website to which abuse allegations may be reported.
- The Diocese of Great Falls-Billings agreed to adopt a whistleblower policy to protect any person who files a report against the diocese or parishes.
- Clergy members and staff of the Diocese of Great Falls-Billings must not refer to victims of abuse as “alleged victims.”
- The Diocese of Great Falls-Billings may not lobby for legislation that would hinder a victim’s ability to file a legal claim of child sexual abuse.
- The Diocese of Great Falls-Billings agreed to print a statement in its newspaper encouraging victims to report abuse to local law enforcement agencies. This must happen twice a year.
List of Priests Accused of Abuse in Montana
Below is a list of Catholic priests accused of abuse in Montana. There may be other types of accused clergy members on our list. This list does not include diocesan staff, parish volunteers or congregation members accused of abuse.
If you can’t find an abuser on our list of abusive priests in Montana, you can search for the priest using our searchable, nationwide database of accused priests. However, your abuser does not need to be on our list for you to file a lawsuit. Our list will grow and change as more survivors of abuse come forward with their experiences.
If you or a loved one has been abused by a clergy member in Montana, speak with our legal team about your rights. We want to help you get the justice you deserve.
Survivors May Be Eligible For Compensation
Learn About Filing a Lawsuit in Montana
There Are 44 Accused Clergy Members From The Diocese Of Great Falls-Billings, MT:
- Ascher, Berthold
- Benno, Sister
- Brown, John Joseph
- Brown, Anthony M.
- Burke, Martin
- Cawley, William M.
- Charissma, Sister
- Christine, Sister
- Custer, Arnold L.
- Druggan, Dennis
- Gleason, James
- Gorman, Charles
- Haligowski, John
- Heretick, Joseph S.
- Hettinger, Sigfrieda
- Hoffmann, Emmett
- Hogan, William A.
- Janson (Jansen), Leo
- Kendrigan, John Patrick
- Kramer, Giswalda
- Krauth, Lothar Konrad
- Livix, Harvey D.
- Malee, Kevin J.
- Mary, Sister
- McTague, Thomas
- Mikulich, Joseph
- Moreau, Clarence
- Morgan, Kirk C.
- Neville, Emmett
- O'Reilly, Unknown
- Papes, Joseph T.
- Pulvermacher, Carl
- Regina, Sister
- Reilly, James
- Rene, Br.
- Reynolds, James
- Robinson, Edmund J.
- Ryan, John I.
- Sabel, Barbara
- Savage, Patrick F.
- Simoneau, Frederick E.
- Szudera, Theodore "Ted" F.
- Vonnie, Sister
- Zarek, Andrew J.
There Are 39 Accused Clergy Members From The Diocese Of Helena, MT:
- Balfe, Joseph A.
- Barry, James
- Bullman, Rudolph "Rudy" Carl
- Butori, Harry
- Camellia, Mother
- Cecelia (Cecilia), Mother
- Delane, John
- Delaney, Unknown
- Dimier, M.A. (Augustine)
- Dimmick, Unknown
- Ferguson, George
- Gallant, Rene
- Geis, Louis J.
- Gillen, A. M .D.
- Harrington, Daniel B.
- Harris, Bernard A.
- Hartman, Robert J.
- Henrietta, Mother
- Hillen, Daniel B.
- Joan, Sister
- Kerrigan, John P
- Kirchen, Paul
- Lawrence, Sister
- Lowney, Emmett F
- Loyola, Mother
- Marion, Sister
- McCarthy, Bernard J
- McCormick, James W.
- O'Donnell, Robert J
- Obersinner, Joseph
- Okorn, Dusan Anthony
- Philipsen, Martin H.
- Pritzl, Peter P.
- Seoriso, Brother
- Smart, Wilson F.
- Spraycar, Leonard J.
- Stimatz, Patrick N.
- Sullivan, Unknown
- Taelman, Louis J.
Montana Priest Abuse Victim Resources
Victims of priest abuse do not have to suffer in silence. There are many different programs across the state of Montana that provide resources to survivors of sexual abuse and sexual assault. The table below offers Montana victim resources organized by county.
Montana Sexual Violence Programs by County
County | Facility Name | Phone Number(s) |
---|---|---|
Beaverhead | Community Support Center | Hotline: 1-800-253-9811 Office: 406-683-6106 |
Big Horn | YWCA Billings | Hotline: 406-679-5145 |
Blaine | YWCA of Great Falls | Hotline: 406-453-1018 Office: 406-452-1315 |
Broadwater | The Friendship Center | Hotline: 406-442-6800 |
Carbon | YWCA Billings | Hotline: 406-245-4472 Office: 406-252-6303 |
Carbon | Domestic and Sexual Violence Services (DSVS) | Hotline: 406-425-2222 |
Carter | Custer Network Against Domestic Abuse and Sexual Assault (CNADA) | Hotline: 1-888-799-0542 |
Cascade | YWCA of Great Falls | Hotline: 406-453-1018 Office: 406-452-1315 |
Cascade | Voices of Hope | Office: 1-406-268-1330 |
Chouteau | Hi-Lines Help for Abused Spouses | Hotline: 800-219-7336 Office: 406-278-3342 |
Chouteau | YWCA of Great Falls | Hotline: 406-453-1018 Office: 406-452-1315 |
Custer | Custer Network Against Domestic Abuse and Sexual Assault (CNADA) | Hotline: 1-888-799-0542 |
Daniels | Glasgow Victim-Witness Advocate | *Call your local police department for more information. |
Dawson | Dawson County Domestic Violence Program | Hotline: 406-989-1318 Office: 406-377-6477 |
Deer Lodge | Safe Space | Hotline: 406-782-8511 Office: 406-782-9807 |
Fallon | Custer Network Against Domestic Abuse and Sexual Assault (CNADA) | Hotline: 1-888-799-0542 |
Fergus | SAVES, Inc. | Hotline: 406-535-2303 |
Fergus | YWCA of Great Falls | Hotline: 406-453-1018 Office: 406-452-1315 |
Flathead | The Abbie Shelter | Hotline: 406-752-7273 Office: 406-752-4735 |
Gallatin | Help Center, Inc. | Hotline: 406-586-3333 |
Garfield | Custer Network Against Domestic Abuse and Sexual Assault (CNADA) | Hotline: 1-888-799-0542 |
Garfield | SAVES, Inc. | Hotline: 406-535-2303 |
Glacier | Hi-Lines Help for Abused Spouses | Hotline: 800-219-7336 Office: 406-278-3342 |
Glacier | YWCA of Great Falls | Hotline: 406-453-1018 Office: 406-452-1315 |
Golden Valley | SAVES, Inc. | Hotline: 406-535-2303 |
Granite | Safe Space | Hotline: 406-782-8511 Office: 406-782-9807 |
Granite | First Step Resource Center St. Patrick Hospital | Office: 406-329-5776 |
Granite | YWCA of Missoula | Hotline: 406-542-1944 Office: 406-543-6691 |
Hill | YWCA of Great Falls | Hotline: 406-453-1018 Office: 406-452-1315 |
Jefferson | Safe Space | Hotline: 406-782-8511 Office: 406-782-9807 |
Jefferson | The Friendship Center | Hotline: 406-442-6800 |
Judith Basin | YWCA of Great Falls | Hotline: 406-453-1018 Office: 406-452-1315 |
Judith Basin | SAVES, Inc. | Hotline: 406-535-2303 |
Lake | First Step Resource Center | Office: 406-329-5776 |
Lake | YWCA of Missoula | Hotline: 406-542-1944 Office: 406-543-6691 |
Lake | SAFE Harbor | Hotline: 406-676-0800 Office: 406-676-0992 |
Lewis and Clark | The Friendship Center | Hotline: 406-442-6800 |
Lewis and Clark | YWCA of Great Falls | Hotline: 406-453-1018 Office: 406-452-1315 |
Liberty | Hi-Lines Help for Abused Spouses | Hotline: 800-219-7336 Office: 406-278-3342 |
Liberty | YWCA of Great Falls | Hotline: 406-453-1018 Office: 406-452-1315 |
Lincoln | Lincoln County Crisis Solutions (LCCS) | Hotline: 406-293-3223 |
Madison | Safe Space | Hotline: 406-782-8511 Office: 406-782-9807 |
Madison | Help Center, Inc. | Hotline: 406-586-3333 |
Madison | Community Support Center | Hotline: 1-800-253-9811 Office: 406-683-6106 |
McCone | Richland County Coalition Against Domestic Violence | Office: 406-433-7421 |
Meagher | Abuse Support & Prevention Education Network (ASPEN) | Hotline: 406-222-8154 Office: 406-222-5902 |
Meagher | YWCA of Great Falls | Hotline: 406-453-1018 Office: 406-452-1315 |
Meagher | The Friendship Center | Hotline: 406-442-6800 |
Mineral | YWCA of Missoula | Hotline: 406-542-1944 Office: 406-543-6691 |
Missoula | First Step Resource Center | Office: 406-329-5776 |
Missoula | Crime Victim Advocate (CVA) Program | Office: 406-258-3830 |
Missoula | YWCA of Missoula | Hotline: 406-542-1944 Office: 406-543-6691 |
Musselshell | YWCA Billings | Hotline: 406-245-4472 Office: 406-252-6303 |
Musselshell | SAVES, Inc. | Hotline: 406-535-2303 |
Park | Abuse Support & Prevention Education Network (ASPEN) | Hotline: 406-222-8154 Office: 406-222-5902 |
Park | Help Center, Inc. | Hotline: 406-586-3333 |
Petroleum | SAVES, Inc. | Hotline: 406-535-2303 |
Phillips | Glasgow Victim-Witness Advocate | *Call your local police department for more information. |
Pondera | Hi-Lines Help for Abused Spouses | Hotline: 800-219-7336 Office: 406-278-3342 |
Pondera | YWCA of Great Falls | Hotline: 406-453-1018 Office: 406-452-1315 |
Powder River | Custer Network Against Domestic Abuse and Sexual Assault (CNADA) | Hotline: 1-888-799-0542 |
Powell | Safe Space | Hotline: 406-782-8511 Office: 406-782-9807 |
Powell | First Step Resource Center | Office: 406-329-5776 |
Prairie | Dawson County Domestic Violence Program | Hotline: 406-989-1318 Office: 406-377-6477 |
Ravalli | Supporters of Abuse Free Environments (SAFE) | Hotline: 406-363-4600 Office: 406-363-2793 |
Ravalli | YWCA of Missoula | Hotline: 406-542-1944 Office: 406-543-6691 |
Richland | Richland County Coalition Against Domestic Violence | Office: 406-433-7421 |
Roosevelt | Northeast Montana Victim/Witness Advocate Program | Office: 406-653-2999 |
Rosebud | Custer Network Against Domestic Abuse and Sexual Assault (CNADA) | Hotline: 1-888-799-0542 |
Rosebud | YWCA Billings | Hotline: 406-245-4472 Office: 406-252-6303 |
Sanders | First Step Resource Center | Office: 406-329-5776 |
Sanders | YWCA of Missoula | Hotline: 406-542-1944 Office: 406-543-6691 |
Sanders | Sanders County Coalition For Families (SCCFF) | Hotline: 406-827-3745 Office: 406-827-3218 |
Sheridan | Glasgow Victim-Witness Advocate | *Call your local police department for more information. |
Silver Bow | Safe Space | Hotline: 406-782-8511 Office: 406-782-9807 |
Stillwater | YWCA Billings | Hotline: 406-245-4472 Office: 406-252-6303 |
Stillwater | Domestic and Sexual Violence Services (DSVS) | Hotline: 406-425-2222 |
Sweet Grass | Abuse Support & Prevention Education Network (ASPEN) | Hotline: 406-222-8154 Office: 406-222-5902 |
Teton | Hi-Lines Help for Abused Spouses | Hotline: 800-219-7336 Office: 406-278-3342 |
Teton | YWCA of Great Falls | Hotline: 406-453-1018 Office: 406-452-1315 |
Toole | Hi-Lines Help for Abused Spouses | Hotline: 800-219-7336 Office: 406-278-3342 |
Toole | YWCA of Great Falls | Hotline: 406-453-1018 Office: 406-452-1315 |
Treasure | Custer Network Against Domestic Abuse and Sexual Assault (CNADA) | Hotline: 1-888-799-0542 |
Valley | Glasgow Victim-Witness Advocate | *Call your local police department for more information. |
Wheatland | SAVES, Inc. | Hotline: 406-535-2303 |
Wibaux | Dawson County Domestic Violence Program | Hotline: 406-989-1318 Office: 406-377-6477 |
Yellowstone | YWCA Billings | Hotline: 406-245-4472 Office: 406-252-6303 |
Sources: | Montana Coalition Against Domestic & Sexual Violence, Community Support Center |
Montana Coalition Against Domestic & Sexual Violence
The Montana Coalition Against Domestic & Sexual Violence (MCADSV) is a collaborative network of individuals and organizations. The group is working to end domestic and sexual violence in the state of Montana.
Montana Sexual Violence Prevention and Victim Services
The Sexual Violence Prevention and Victim Services Program (SVPVS) is run by the Montana Department of Public Health and Human Services. The SVPVS, “implements prevention efforts that reduce risk factors and increase protective factors associated with sexual violence perpetration and victimization.” For more information about the SVPVS, contact the program specialist, Patrick Paradis, by calling 406-444-3628.
Montana Clergy Abuse FAQs
How Do I Report Sexual Abuse by a Priest in Montana?
If you or a suspected victim is in danger, call 911 immediately.
To report any sexual abuse:
Report any case of sexual abuse or sexual assault to your local law enforcement agency. Depending on the circumstances, it may also be advised to seek medical attention promptly.
For more information about reporting sexual abuse, visit our resource page >
To report sexual abuse of a minor:
Call the Montana Child Abuse Hotline at 1-866-820-5437 to report cases of child sexual abuse or suspected child sexual abuse.
To report sexual abuse to the Diocese of Helena:
Contact the victim’s advocate with any concerns or allegations regarding a case of clergy abuse in the Diocese of Helena.
Helen Beausoleil | Victim’s Advocate
Phone: 406-459-0513
Email Address: victimassistant@diocesehelena.org
To report sexual abuse to the Diocese of Great Falls-Billings:
Contact the diocese about cases of clergy abuse using the contact information below.
Teresa Schmit | Victims Assistance Coordinator
Phone: 406-750-2373
Email Address: victimassistancecoord@gmail.com
Are Clergy Members Required to Report Abuse in Montana?
Yes. Clergy members are required by Montana state law to report suspected child abuse and neglect. This includes suspected child sexual abuse. However, Montana state law also allows certain exemptions for clergy members with regard to reporting alleged abuse.
“A member of the clergy or priest is not required to make a report under this section if the communication is required to be confidential by canon law, church doctrine, or established church practice.”
These exemptions allow clergy members to keep cases of clergy abuse hidden. In doing so, these church officials can protect the reputation of the dioceses and subsequently the reputation of the accused priests. Critics argue these exemptions do not protect victims.
These exemptions do not hinder a victim’s ability to file a lawsuit against an abusive priest or responsible diocese.
Some states, such as Illinois, recently expanded their rules around mandatory reporting and clergy participation to protect victims. There is a chance Montana may take similar legislative action in the future.
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Meneo Group managing partner: Ron Meneo
Ron Meneo is the managing partner of The Meneo Law Group. With more than 40 years of experience, he represents clients across the country on a variety of complex legal matters, including personal injury due to institutional sexual abuse, unsafe pharmaceutical drugs and other practice areas. He is a recipient of Martindale-Hubbell’s prestigious AV® Preeminent Rating. He has also served as an editor and contributor for several legal journals.
Sources
- 1
BishopAccountability.org. (N.D.) Bankruptcy Protection in the Abuse Crisis. Retrieved April 1, 2020.
- 2
Branaugh, M. (2020, January 10). Amid Abuse Scandals, Legal Challenges Test Clergy Reporting Exemptions. Christianity Today.
- 3
Brouwer, D. (2014, March 3). Helena Catholic Diocese faces tough decisions as it negotiates bankruptcy. Billings Gazette.
- 4
Brown, M. (2015, March 4). Judge confirms plan settling Montana clergy sex-abuse claims. Associated Press.
- 5
Cates-Carney, C. (2018, April 27). $20 Million Settlement Reached In Clergy Abuse Cases. Montana Public Radio.
- 6
Child and Family Services Division. (Revised 2019, August). Montana School Guidelines for the Identification and Reporting of Child Abuse and Neglect 2019 – 2020 [PDF]. Montana Department of Public Health and Human Services.
- 7
Child Welfare Information Gateway. (2019, April). Clergy as Mandatory Reporters of Child Abuse and Neglect [PDF].
- 8
Community Support Center. (N.D.) Montana Resources.
- 9
Devlin, S. (2018, January 25). Lawsuit: Montana diocese hid assets to avoid paying clergy sex abuse victims. Missoula Current.
- 10
Diocese of Great Falls-Billings. (N.D.) Contact Info.
- 11
Generally revise laws related to childhood sexual abuse, HB 640, Chapter 367 (Montana 2019).
- 12
Hanson, A., Associated Press. (2019, May 7). New Law Ends Montana’s Statute Of Limitations On Child Sex Abuse. Montana Public Radio.
- 13
Johnson, C. (2014, February 12). Diocese of Helena bankruptcy: $33.6M in liabilities more than twice its assets. Missoulian.
- 14
Kennedy, M. (2020, January 9). Montana Court Reverses $35 Million Child Abuse Verdict Against Jehovah’s Witnesses. NPR.
- 15
Montana Coalition Against Domestic and Sexual Violence. (N.D.) Victim Service Programs by Region.
- 16
Mont. Code Ann. § 27-2-216 (2019).
- 17
Montana Department of Public Health and Human Services. (N.D.) Child & Family Services Division.
- 18
Montana Department of Public Health and Human Services. (N.D.) Sexual Violence Prevention and Victim Services (SVPVS).
- 19
RAINN. (Updated 2020, March). Criminal Statutes of Limitations Montana.
- 20
The Roman Catholic Diocese of Helena. (N.D.) Reporting Abuse.
- 21
Tollefson, P. (2018, March 14). Eastern Montana Catholic Diocese wants to back out of bankruptcy. Billings Gazette.
- 22
Tollefson, P. (2018, April 27). Montana Diocese reaches $20M settlement with Catholic sex abuse victims. Billings Gazette.
- 23
Tollefson, P. (2018, July 31). Montana Catholic diocese must identify 27 former clergy as abusers, settlement says. Billings Gazette.
- 24
(2018, May 31). Catholic dioceses and orders that filed for bankruptcy and other major settlements. National Catholic Reporter.