What is the Gender-Motivated Violence Act?
Enacted on October 16, 2018, the GMVA was established to provide a legal pathway for survivors of gender-motivated violence to hold their abusers accountable. The law applies specifically to incidents occurring within the five boroughs of New York City.
It allows individuals who have experienced violence or harassment motivated by their gender—including sexual assault, physical assault, and other forms of abuse—to pursue civil claims for damages, even if criminal charges were never filed or the perpetrator was not convicted.
Amendments to the GMVA
- Amendment Enacted on January 9, 2022: This amendment extends the statute of limitations for filing civil claims from seven years to nine years and introduces a two-year lookback period beginning March 1, 2023. This allows survivors whose claims were previously time-barred to file lawsuits against their abusers, even if the violence occurred years or decades ago. The lookback window will close on February 28, 2025.
- Institutional Accountability: The amendment also allows survivors to hold negligent institutions accountable for gender-motivated violence. Survivors can file claims against both their abusers and institutions that contributed to or failed to prevent the abuse, ensuring broader accountability.
These amendments enhance the protections available to survivors and emphasize the commitment to addressing gender-based violence in New York City.
Key Provisions of NY’s Gender-Motivated Violence Act
The Gender-Motivated Violence Act (GMVA) was enacted to provide a crucial legal framework for survivors of gender-based violence in New York City. Here are some of its key provisions:
- Civil Remedy for Survivors: The GMVA allows individuals who have experienced violence or harassment motivated by their gender to file civil lawsuits against their abusers and any organizations that may have facilitated or failed to prevent the violence. This applies even if criminal charges were never brought or the perpetrator was not convicted.
- Broad Definition of Gender-Motivated Violence: The GMVA encompasses a wide range of violent actions, including sexual assault, physical assault, and emotional abuse, all defined by the underlying motivation of gender hostility.
- Statute of Limitations: Initially, victims had a seven-year period to file a civil suit following the act of gender-motivated violence. However, following a significant amendment effective from March 1, 2023, survivors are granted a two-year lookback window to file lawsuits for previously time-barred claims. This amendment also extends the statute of limitations for filing claims to nine years.
- Accountability for Institutions: The GMVA allows survivors to hold not just individual abusers accountable but also negligent institutions that may have ignored or perpetuated an environment conducive to gender-based violence.
- No Requirement for Criminal Charges: A significant aspect of the GMVA is that victims can pursue civil claims regardless of whether their abuser has been prosecuted or convicted, recognizing the complexities many survivors face when coming forward.
- Damages Available: Survivors can seek compensatory damages for physical and emotional harm and punitive damages aimed at deterring future misconduct.
These provisions empower survivors to seek justice, accountability, and compensation for the harm they have endured, helping to create a safer environment for all.
Do You Have a Case Under the GMVA?
The Gender-Motivated Violence Act provides a pathway for survivors to seek justice for various forms of gender-based violence, even if the abuse occurred long ago. Here are some scenarios that may qualify under the GMVA:
Historical Gender-Based Abuse
A woman in her 40s recalls being sexually assaulted by her partner over a decade ago. Although the original statute of limitations had passed, she can file a lawsuit during the two-year lookback period established by the recent amendment, holding her abuser accountable for the past trauma.
Workplace Assaults
An employee faced ongoing sexual abuse from a supervisor, who used their power to intimidate her into silence. Thanks to the GMVA, she can file a civil lawsuit against both the supervisor and the employer for failing to protect her from gender-based violence in the workplace.
If any of these scenarios resonate or if you have experienced gender-motivated violence in another form, contact HKD for a free legal consultation.
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