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Ellen, Lawyer
Category: Criminal Law
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Experience:  25 years of experience helping people like you.
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I am being accused of a sexual violation against a 6 year old

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I am being accused of a sexual violation against a 6 year old child that was to have happened 38 years ago. I faintly remember this child as a neighbor and friend of my children but I don't know what she is saying I did to her. She has been giving out flyers telling everyone in town about this and we feel a lawsuit is forthcoming. Is there any statue of limitation that applies in such a case. This allegedly occurred when we lived in Montana and we now live in Ok as does the accuser.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Ellen replied 6 years ago.

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Customer: replied 6 years ago.
Expert:  Ellen replied 6 years ago.

Thank you for your question.

Montana Code Section 27-- 2--216 provides that an action for damages caused by childhood sexual abuse must be commenced not later than 3 years after the later of:
1. The date the alleged act occurred; or
2. The date the plaintiff discovered or reasonably should have discovered the injury was caused by the the alleged abuse.

Therefore it appears that the allegation that sexual abuse occurred 38 years ago in Montana is barred by the statute of limitations.

Customer: replied 6 years ago.
Why Montana statutes? The accuser claims it happened on U.S. government property (a US Air Force base), when I was stationed there, but I have never been a Montana resident, always listing Oklahoma as my home of residence.
Expert:  Ellen replied 6 years ago.
Montana law governs since the act allegedly took place in Montana
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