US FederalWhat is the Violence Against Women Act's civil rights remedy?
The Violence Against Women Act (VAWA) originally included a civil rights remedy allowing victims of gender-motivated violence to sue in federal court, but that provision was struck down by the Supreme Court in 2000 and is no longer in effect.
What the Law Says
The original Violence Against Women Act of 1994 included a civil rights remedy in 42 U.S.C. § 13981, permitting victims of gender-motivated violence to file civil lawsuits in federal court. However, that provision was held unconstitutional by the U.S. Supreme Court and is no longer enforceable. The only currently operative federal statutory provision cited here — 18 U.S.C. § 2261 — is a criminal statute addressing interstate domestic violence, not a civil remedy.
The civil rights remedy was codified at 42 U.S.C. § 13981 and allowed individuals harmed by 'a crime of violence motivated by gender' to seek damages, injunctions, and other relief in federal district court.
In United States v. Morrison (2000), the Supreme Court ruled that Congress lacked authority under the Commerce Clause or Section 5 of the Fourteenth Amendment to enact this civil remedy, rendering it void.
Today, federal legal responses to domestic violence and gender-based violence rely on criminal statutes — such as 18 U.S.C. § 2261 — which authorize prosecution, not private civil suits.
Statutory TextWhoever travels across a State line or within the special maritime and territorial jurisdiction of the United States with the intent to kill, injure, harass, or intimidate a spouse, intimate partner, or dating partner, and who, in the course of or as a result of such travel, commits or attempts to commit a crime of violence against that spouse, intimate partner, or dating partner, shall be punished as provided in subsection (b).
— 18 U.S.C. § 2261(a)(1) — Interstate domestic violence
What Courts Have Said
The Supreme Court’s decision in United States v. Morrison directly addressed and invalidated the VAWA civil rights remedy, holding it exceeded Congress’s constitutional authority.
The Court ruled 5–4 that 42 U.S.C. § 13981 — VAWA’s civil rights remedy — was unconstitutional because gender-motivated violence is not economic activity substantially affecting interstate commerce, and Congress cannot use Section 5 of the Fourteenth Amendment to regulate private conduct in this context.
What to Do
If you are a victim of domestic violence crossing state lines, law enforcement may pursue criminal charges under 18 U.S.C. § 2261.
For civil remedies, consult state law — most states provide civil protection orders, tort claims (e.g., assault/battery), and survivor support services.
Contact a local legal aid organization or the National Domestic Violence Hotline (1-800-799-SAFE) for confidential assistance and referrals.
Document incidents thoroughly (dates, witnesses, injuries, communications) to support any criminal investigation or civil action.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.