Does Federal or State Law Govern Sexual Abuse Lawsuits?

Sexual abuse can be an incredibly difficult thing to endure, and the laws surrounding sexual claims are complex. While most, if not all, states have laws on the books about sexual abuse, there are many federal laws that also apply. As such, it can be difficult to determine if your sexual abuse claim is a state or federal case.

Generally, most civil claims for sexual abuse are state cases. Most plaintiffs file their claims in state civil courts, and state laws govern how the case proceeds. However, federal law may apply under specific circumstances. In such situations, sexual abuse cases need to be filed in federal courts, and federal laws may govern how evidence is admitted, damages, and various other aspects of the case. Your lawyer can help you determine which court your case belongs in.

Ask our sexual abuse lawyers for a confidential case review for free when you call The Law Office of Andrew Shubin at (814) 826-3586.

Are Sexual Abuse Lawsuits State or Federal Cases?

Sexual abuse claims, like various other claims, may fall under state or federal law, depending on the circumstances.

What Law Applies?

In arguably most sexual abuse cases, state law applies. Generally, the laws of the state where the sexual abuse occurred govern sexual abuse lawsuits. If you experienced sexual abuse in Pennsylvania, for example, Pennsylvania law would govern the case.

Sexual abuse is not inherently a federal matter, and the federal government will likely not be involved unless special conditions exist.

Where Do I File a Sexual Abuse Lawsuit?

When filing a civil lawsuit for sexual abuse, you will likely file your case in state civil court. Again, the state law that governs the case depends on where the abuse occurred. Each state has numerous civil district courts, which is where civil lawsuits and trials typically begin. Our sexual abuse lawyers can help you determine which district court in your state should hear your case.

What if the Internet is Involved?

Many sexual abuse cases today involve the internet. Abusers often use the internet, chat rooms, and social media to find potential victims and lure them in. This can be very complicated if the abuser and victim are in different states but are using the internet to communicate.

If you met the abuser online but traveled to their home state where the abuse occurred, the abuser’s home state will likely have jurisdiction. However, if the abuser came to you, your state will probably have jurisdiction.

How Can a Sexual Abuse Lawsuit Become a Federal Issue?

While sexual abuse cases are typically state cases, the federal government may have jurisdiction over the case under certain conditions. Your attorney should be able to determine if your lawsuit falls under federal jurisdiction.

Federal Entities or Agencies Are Involved

State law does not govern federal entities. This means that if you sue a federal entity or agency for sexual abuse, or the defendant is a federal employee who used their position to commit the abuse, federal law likely applies.

For example, suppose a plaintiff in a sexual abuse lawsuit is a federal employee working in a government office. Next, assume that the plaintiff was sexually abused by their employer, and their employer used their position of authority to commit the abuse. In that scenario, the lawsuit would fall under federal jurisdiction regardless of the state in which it occurred.

The Abuse Involved Crossing State Lines

Even if no federal entities or agencies are involved in sexual abuse, your lawsuit may still fall under federal jurisdiction if multiple states are involved.

It is not unusual for cases of sexual abuse to cross state lines. A victim might be transported over state lines by the abuser, making it unclear which state should have jurisdiction. In such cases, something called diversity jurisdiction may apply, and your case should be filed in federal court.

The Abuse is Part of a Larger Criminal Scheme

Some cases of sexual abuse may be so extreme that they draw federal attention or fall under specific federal laws.

For example, many sexual abuse cases are not isolated events but are instead part of larger human trafficking schemes. Numerous federal laws, particularly those under the Trafficking Victims Protection Act of 2000, may cover situations like this.

Even if your specific instance of sexual abuse occurred within one state, the people responsible might be involved in a larger scheme of abuse that covers multiple states. As such, the overall criminal enterprise might be investigated by federal authorities, and the issue may become a federal matter.

FAQs About How Federal and State Law Apply to Sexual Abuse Lawsuits

Are Sexual Abuse Lawsuits State or Federal Cases?

Sexual abuse cases are usually under state jurisdiction. The state where the abuse occurred likely has jurisdiction.

When Can a Sexual Abuse Case Become a Federal Case?

While sexual abuse cases are often state cases, they can become federal cases if they involve federal agencies or entities. If the sexual abuse happened on federal property, the abuse crossed state lines, or if the case involves specific federal laws, the lawsuit may be filed in federal court.

What if I File a Sexual Abuse Lawsuit in the Wrong Court?

If you file your case in the wrong court, the court may quickly identify the error and reject the case. Even if the court does not catch the mistake, then defendant’s attorneys might, and they can file a motion to dismiss the case for a lack of jurisdiction. This may significantly set back your case, and you may need to act quickly to refile it in the correct court.

Are Federal Lawsuits Easier or Harder to Deal with Than State Cases?

Federal law is sometimes regarded as more complex than state law, and navigating a federal case may be more challenging than a state case. As such, you should get help from an attorney who has experience with federal sexual abuse lawsuits.

What Kind of Lawyer Do I Need to File a Sexual Abuse Lawsuit?

You need a lawyer who is licensed in the state that has jurisdiction over your sexual abuse lawsuit. If your case is in Pennsylvania, you should get help from a Pennsylvania attorney. If your case is a federal matter, you should have a lawyer experienced in handling federal cases.

Talk to Our Sexual Abuse Lawyers About Your Legal Claims Right Away

Ask our sexual abuse lawyers for a confidential case review for free when you call The Law Office of Andrew Shubin at (814) 826-3586.