The NYC Gender-Motivated Violence Protection Act just got a significant update. Find out what evidence is needed, time limits for claims, and how this impacts your rights under GMVPA.
Laws are often updated through court rulings. Such is the case regarding the New York City Gender-Motivated Violence Protection Act (GMVPA). During an August hearing in the federal district court in Manhattan, the court issued a new opinion clarifying the necessary evidence and information needed to establish a claim under the law. Read on to learn what this ruling means for victims of gender motivated violence and how it impacts your rights under the law.
The New York City Gender-Motivated Violence Protection Act (GMVPA) provides a pathway for victims of gender-based violence to file civil claims. Whether you experienced sexual assault or gender-based violence recently or even as far back as January 2000, this law enables victims to pursue justice and compensation.
What Is the NYC Gender Motivated Violence Protection Act?
The New York City Gender-Motivated Violence Protection Act (GMVPA) is a New York City law that allows any victim of gender-based violence to file a lawsuit against their abuser or attacker. The law helps anyone who is victimized by gender-motivated violence in any of the five boroughs in New York City, including Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. The victim does not have to win a criminal case against their abuser to file or win a civil claim under the GMVPA.
What Does the NYC Gender Violence Law Protect Victims From?
The GMVPA allows victims of sexual assault, rape, and abuse to claim such acts as gender-motivated violence. The GMVPA covers many types of gender-based violence, allowing victims to take legal action for both physical and non-physical abuse. Protected forms of violence under the GMVPA include:
- Sexual Assault or Rape
- Sexual Harassment
- False Imprisonment
- Domestic Violence
- Verbal and Psychological Assault
- Human Trafficking and Exploitation
- Stalking or Intimidation
- Physical Assault or Battery
- Sexual Violence at Workplace
- Sexual Violence at School
What Time Limit Does the Law Give Victims to File Their GMVPA Claims?
Under the GMVPA Law, the victims of gender-motivated violence have nine years (since December 2022) to file a lawsuit against their abuser in civil court. More importantly, until February 28, 2025, claims can be filed for incidents dating as far back as January 2000, allowing those with older cases to finally pursue justice.
In 2022, the law was also amended to give victims of gender-motivated violence nine years from the date the act occurred to file their claim (of course starting on March 1, 2025, after the two-year look-back period ends). Giving victims nine years to file this claim gives them time to process the feelings and trauma that came from the gender-motivated act of violence and face their attacker or abuser in court.
What Compensation Is Available Under the GMVPA?
Victims filing a claim under the GMVPA can request compensation for their claim from New York City courts. Compensation, or damages, may be paid to the victims for any of the following relief:
- Pain and suffering
- Medical bills (past and future)
- Lost wages, including future income
- Punitive damages
- Injunctive and declaratory relief
- Attorney’s and court fees and cost
The Recent Amendment to the GMVPA
Before August 2024, if a violent act occurred against a person, the person would have to prove that injury could have or did occur to claim under the law. However, this newest ruling changed this criterion. According to the federal district court in Manhattan, no proof of injury or potential injury is needed to prove such a claim. Instead, all that is needed is proof that a gender-motivated crime occurred and the defendant is the liable party.
Case Details
The recent case involved a hedge fund manager who became a luxury gym mogul and a personal trainer who worked in the Midtown flagship locations. According to the complaint, the CEO (Defendant) maintained a professional demeanor and relationship with the trainer (Plaintiff). However, this communication quickly changed to unprofessional. The CEO allegedly made inappropriate comments about the trainer’s body and texted her about non-work-related events.
Then, in August 2022, Plaintiff agreed to meet with Defendant at Defendant’s brother’s home. Instead of discussing Plaintiff’s career, Defendant insisted Plaintiff stay for a movie. Defendant used this as an excuse to grope Plaintiff without consent.
Plaintiff quit her job and filed a suit against Defendant under the GMVPA. While Defendant claimed Plaintiff did not have a viable GMVPA claim, the court disagreed. According to the judge, the law does not insist that a victim establish a risk of physical injury to ensure a claim under the GMVPA.
What Does This Change in the GMVPA Mean for You?
The amendment to the GMVPA is significant for anyone who is a victim of gender-motivated violence. A claim of physical injury is no longer necessary for any personal attack under the GMVPA. Therefore, victims of emotional and financial abuse can also file a claim under the GMVPA. Furthermore, even if it seems impossible for physical injury to occur, victims of gender-motivated violence may still have a claim, even if they cannot prove a threat of physical violence.
An Exceptional Sexual Assault Lawyer Can Help You Get All the Compensation You Deserve.
Gender-motivated violence is more common than anyone would like to admit. As a victim of gender-motivated violence, you deserve an attorney who will fight for your rights and ensure you get the compensation you deserve. The qualified NYC sexual assault lawyers at the Derek Smith Law Group can help ensure you get all of the compensation you deserve. They can help advocate for your rights and ensure the courts adhere to all the aspects of the law, including the newest update that claims do not need to include a real threat of physical injury.
The dedicated sexual assault lawyers at the Derek Smith Law Group in New York City can be your voice when you need it most and help ensure you get the compensation you deserve. Call us at (212) 587-0760 to learn more.
