New York City Victims of Gender-Motivated Violence Protection Law

This chapter shall be known and may be cited as the “Victims of Gender-Motivated Violence Protection Law.”

Gender-motivated violence inflicts serious physical, psychological, emotional and economic harm on its victims. Congressional findings have documented that gender-motivated violence is widespread throughout the United States, representing the leading cause of injuries to women ages 15 to 44. Further statistics have shown that three out of four women will be the victim of a violent crime sometime during their lives, and as many as 4,000,000 women a year are victims of domestic violence. Senate hearings, various task forces and the United States Department of Justice have concluded that victims of gender-motivated violence frequently face a climate of condescension, indifference and hostility in the court system and have documented the legal system's hostility towards sexual assault and domestic violence claims. Recognizing this widespread problem, congress in 1994 provided victims of gender-motivated violence with a cause of action in federal court through the violence against women act (VAWA) (section 13981 of title 42 of the United States code). In a May 15, 2000, decision, the United States supreme court held that the constitution provided no basis for a federal cause of action by victims of gender-motivated violence against perpetrators of offenses committed against them either under the commerce clause or the equal protection clause of the fourteenth amendment. In so ruling, the court held that it could “think of no better example of the police power, which the Founders denied the National Government and reposed in the States, than the suppression of violent crime and vindication of its victims.”

As used in this chapter, the following terms have the following meanings:

Crime of violence. The term “crime of violence” means an act or series of acts that would constitute a misdemeanor or felony against the person as defined in state or federal law or that would constitute a misdemeanor or felony against property as defined in state or federal law if the conduct presents a serious risk of physical injury to another, whether or not those acts have actually resulted in criminal charges, prosecution, or conviction.

Crime of violence motivated by gender. The term “crime of violence motivated by gender” means a crime of violence committed because of gender or on the basis of gender, and due, at least in part, to an animus based on the victim's gender.

Except as otherwise provided by law, any person claiming to be injured by a party who commits, directs, enables, participates in, or conspires in the commission of a crime of violence motivated by gender has a cause of action against such party in any court of competent jurisdiction for any or all of the following relief:

a. Compensatory and punitive damages;
b. Injunctive and declaratory relief;
c. Attorney’s fees and costs; and
d. Such other relief as a court may deem appropriate.

a. Any person claiming to be injured by a party who commits, directs, enables, participates in, or conspires in the commission of a crime of violence motivated by gender for which the alleged crime of violence motivated by gender occurred (i) on or before December 19, 2000 or (ii) after December 19, 2000 and before January 9, 2022, has a cause of action against such party in any court of competent jurisdiction for any or all of the following relief:

1. Compensatory and punitive damages;
2. Injunctive and declaratory relief;
3. Attorney's fees and costs; and
4. Such other relief as a court may deem appropriate.

b. Claims or causes of action pursuant to this section must be commenced not later than 18 months after the local law that added this section takes effect.

c. Any person who brought a claim or cause of action on or after March 1, 2023 but on or before March 1, 2025 that would satisfy the requirements of this section may amend or refile such claim or cause of action to add a cause of action pursuant to this section.

a. A civil action under this chapter shall be commenced within seven years after the alleged crime of violence motivated by gender occurred. If, however, due to injury or disability resulting from an act or acts giving rise to a cause of action under this chapter, or due to infancy as defined in the civil procedure law and rules, a person entitled to commence an action under this chapter is unable to do so at the time such cause of action accrues, then the time within which the action must be commenced shall be extended to nine years after the inability to commence the action ceases. Notwithstanding any provision of law that imposes a period of limitation to the contrary, any civil claim or cause of action brought under this chapter that is barred because the applicable period of limitation has expired is hereby revived and may be commenced not earlier than six months after, and not later than two years and six months after, September 1, 2022.

b. Except as otherwise permitted by law, nothing in this chapter entitles a person to a cause of action for random acts of violence unrelated to gender or for acts that cannot be demonstrated, by preponderance of the evidence, to be a crime of violence motivated by gender.

c. Nothing in this section requires a prior criminal complaint, prosecution or conviction to establish the elements of a cause of action under this chapter.

Conviction of a crime arising out of the same transaction, occurrence or event giving rise to a cause of action under this chapter is conclusive proof of the underlying facts of that crime for purposes of an action brought under this chapter. That such crime was a crime of violence motivated by gender must be proved by a preponderance of the evidence.

If any section, subsection, sentence, clause, phrase or other portion of this chapter is, for any reason, declared unconstitutional or invalid, in whole or in part, by any court of competent jurisdiction, such portion shall be deemed severable, and such unconstitutionality or invalidity shall not affect the validity of the remaining portions of this law, which remaining portions shall continue in full force and effect.

For more information about the New York City Victims of Gender-Motivated Violence Protection Law, please visit: https://stengellaw.com/sex-assault-abuse-lawyer.