When Do Sexual Abuse Lawsuits Go to Federal Court?

Arguably, most civil cases, including claims related to sexual abuse, are filed in state civil courts. However, some cases fall under federal jurisdiction. Exactly why your sexual abuse may end up in a federal courtroom may vary, but it is a distinct possibility you should discuss with your attorney.

A sexual abuse claim may end up in federal court if the case involves what is referred to as a “federal question,” meaning there is a specific federal law involved. In that situation, that case may have to be heard in federal court. Other cases involve diversity jurisdiction where the parties are from different states, and either may have jurisdiction. If you file your case in a state civil court and later realize there is federal jurisdiction, your attorney may help you remove the case from state court.

Call The Law Office of Andrew Shubin at (814) 826-3586 and start your case with a free, private review from our sexual abuse attorneys.

How Do Sexual Abuse Cases End Up in a Federal Courtroom?

Whether a civil case goes to state or federal court may depend on various factors, and you should talk to an attorney to be sure before filing your case.

Federal Questions

Some cases raise what is often called a “federal question.” This means the case involves a matter of federal law that may be heard only in federal court. Sexual abuse cases that raise federal questions must be filed in federal court, even if other issues in the case could otherwise be heard in state court.

Diversity Jurisdiction

Some cases may end up in federal court even though they do not present a federal question. If the plaintiff and the defendant are from different states and either state may have jurisdiction, our sexual abuse attorneys may be able to file the case in federal court under diversity jurisdiction.

Can I Move My Sexual Abuse Case from State to Federal Court?

Under certain conditions, a defendant may remove your sexual abuse civil case from state court and transfer it to a federal court instead.

Removal from State Court

The defendant may remove your case from state court, but they must act quickly. They have 30 days from when they receive notice of the initial pleadings filed in state court to file a Notice of Removal with the appropriate district court. If they miss this window, they may not be able to have the case removed to federal court.

It is important to note that plaintiffs may never remove a case to federal court. Since plaintiffs are responsible for filing the case in the first place, they are responsible for knowing which court to file in.

Condition for Removal

When filing for removal, defendants must provide a short statement explaining the grounds for removal. In other words, they must explain why the federal court has jurisdiction over your sexual abuse case. This may require showing that there is a federal question or that diversity jurisdiction exists.

What Kind of Sexual Abuse Cases Usually Go to Federal Court?

Jurisdictional issues are notoriously confusing. If you are unsure whether your case belongs in state or federal court, consider the following sexual abuse cases that commonly end up in federal district courts.

Trafficking

Federal laws, primarily those under the Trafficking Victims Protection Act, require that sex trafficking claims be heard in federal courts. If you were trafficked and wish to sue those responsible, your case will very likely be heard in federal court.

Title IX

Title IX is a bundle of federal laws regarding sexual abuse, harassment, violence, and other misconduct in federally funded education programs. If your sexual abuse case occurred within a school that receives federal funds, it may very well end up in federal court.

Often, Title IX claims involve sex discrimination in schools, but they may also involve cases of abuse.

Cases That Cross State Lines

Sometimes, a sexual abuse case has all the makings of a state case until one critical event occurs. In many cases, this critical event is the crossing of state lines. For example, if the abuser at any time moved you across state lines to perpetrate the abuse, your case suddenly becomes a federal matter.

FAQs About How Sexual Abuse Cases May End Up in Federal Court

Can I File a Sexual Abuse Case in Federal Court?

Possibly. If your case involves a question of federal law or involves diversity jurisdiction, it may be filed in federal court. The best way to find out is to speak to an experienced attorney about your case.

How Do I Know if My Sexual Abuse Claim is a Federal Case?

It may be difficult to know whether your case falls under federal jurisdiction without talking to a lawyer first. The line between state and federal jurisdiction may be blurry in many situations. Jurisdiction can be complex, and you should ask an attorney for help filing your case in the correct court.

What if I File My Sexual Abuse Case in the Wrong Court?

If you file your case in state civil court only to learn that federal court also has jurisdiction, your attorney may help you remove your case from state court and get it into a federal courtroom. This is not uncommon, as many plaintiffs do not realize their cases fall under federal jurisdiction until after they initiate legal proceedings.

What Kind of Sexual Abuse Cases Typically End Up in Federal Court?

Many sexual abuse civil claims that end up in federal court include Title IX claims and sex trafficking cases. However, even more ordinary cases that normally end up in state court may become federal cases for something as simple as the defendant crossing state lines to commit the abuse.

In Which Federal Court Do I File My Sexual Abuse Case?

There is no single federal courthouse. Every state has at least one Federal District Courthouse, and they are often located in larger cities. You will likely file your case in the federal court situated in the district where the sexual abuse occurred. Your attorney will help you determine exactly where this is.

Are Federal Cases of Sexual Abuse Claims More Serious?

Yes and no. Many sexual abuse claims only end up in federal court on technicalities, such as the defendant taking the victim across state lines. In other cases, the case involves important questions of law reserved exclusively for federal courts, and they may be more serious than typical state cases.

Ask Our Sexual Abuse Attorneys for Legal Help Today

Call The Law Office of Andrew Shubin at (814) 826-3586 and start your case with a free, private review from our sexual abuse attorneys.