New York’s Gender-Motivated Violence Act (GMVA), enacted in 2000, offers a civil route for individuals harmed by violence due to gender bias to seek justice. This law allows survivors to pursue compensation and accountability from perpetrators, separately from any criminal proceedings.
The GMVA recognizes that gender-based animosity can be a driving factor in violent acts, distinguishing them from personal disputes or random events. This provides specific legal options for victims.
Qualifying Conduct Under the Act
To qualify under New York’s Gender-Motivated Violence Act (New York Civil Rights Law section 79-n), an action must meet two criteria: it must be a crime of violence and be motivated by gender.1NYSenate.gov. Civil Rights Law § 79-N – Bias-Related Violence or Intimidation; Civil Remedy
First, the conduct must be a crime of violence. This means an act or series of acts constituting a misdemeanor or felony against a person under New York State law, or an equivalent offense if committed elsewhere, as long as these acts involve violence or its threat. This covers a range of offenses recognized as criminal acts involving violent behavior. The law refers to New York’s general penal statutes rather than listing specific offenses.
Second, the crime of violence must have been motivated by gender. This means the perpetrator’s actions were committed, at least partly, because of the victim’s actual or perceived gender. The motivation must stem from animosity based on the victim’s gender. Violence arising from personal disputes without gender bias, even between individuals of different genders, does not qualify if gender was not a substantial factor in the crime.
Civil Claims
An individual subjected to conduct meeting the Act’s criteria can initiate a lawsuit directly against the perpetrator. This civil action allows the injured party to seek damages and other forms of relief.
A civil action under the GMVA must be initiated within seven years of the gender-motivated crime of violence.2NewYork.Public.Law. N.Y. Civil Rights Law Section 79-N – Bias-Related Violence or Intimidation This extended timeframe acknowledges potential delays a survivor might face in pursuing legal action.
A GMVA civil claim can proceed regardless of any criminal proceedings.3Justia Law. New York Civil Rights Law § 79-N – Bias-Related Violence or Intimidation; Civil Remedy A criminal conviction is not necessary to file a civil suit, allowing victims to seek justice even if the perpetrator was not charged or was acquitted in criminal court.
Remedies and Damages
If a civil claim under the Gender-Motivated Violence Act is successful, courts can award several forms of relief to compensate the survivor and deter future violence. The Act allows for:4FindLaw. New York Civil Rights Law – CVR § 79-N – Bias-Related Violence or Intimidation; Civil Remedy
- Compensatory damages
- Punitive damages
- Injunctive relief
- Declaratory relief
- Reasonable attorneys’ fees and costs
- Any other appropriate relief the court deems proper
Compensatory damages cover the victim’s actual losses. These include economic harms (medical bills, lost income, therapy costs) and non-economic harms (pain and suffering, emotional distress, and loss of enjoyment of life). The amount is based on the evidence of the injuries’ severity and impact, and the statute does not cap these damages.5Center for Justice & Democracy. Fact Sheet: Caps On Compensatory Damages: A State Law Summary
Punitive damages may also be awarded. These are intended to punish the wrongdoer for particularly egregious behavior and to discourage similar conduct by others, rather than just compensating the victim. The reprehensibility of the defendant’s actions and their financial status influence the availability and amount of punitive damages.
The Act also provides for non-monetary relief. Injunctive relief can include court orders to prevent future harm, such as prohibiting contact. Declaratory relief is a court’s formal statement affirming the wrongfulness of the conduct. Prevailing plaintiffs are awarded reasonable attorneys’ fees and costs. Courts can also grant other suitable relief.
Court Proceedings
Claims under New York’s Gender-Motivated Violence Act are filed in the New York State Supreme Court.6NYC Bar. New York Gender Motivated Violence Act The process starts when the plaintiff files a summons and complaint detailing the claim, the defendant’s conduct, and the harm suffered.
After filing and serving the defendant, the case moves to discovery, where both parties gather evidence (e.g., written questions, document requests, and depositions, which are sworn out-of-court testimony).7Justia Law. New York Civil Practice Law and Rules Article 31 – Disclosure The standard of proof is a preponderance of the evidence, meaning the plaintiff must show their claims are more likely true than not. This is a lower standard than the beyond a reasonable doubt requirement in criminal cases.
Related criminal proceedings can affect the civil case. A criminal conviction for the same incident can serve as conclusive proof of the underlying crime of violence in the civil action, which can simplify the plaintiff’s case. However, a GMVA claim can proceed even without a criminal conviction or if there was an acquittal, as the civil court evaluates evidence independently.
During the case, parties may file motions, such as a motion to dismiss or for summary judgment.8NYCOURTS.GOV. CPLR § 3211 – Motion to Dismiss If not settled or resolved by motions, the case goes to trial, where both sides present evidence and arguments to a judge or jury.
Defenses
An individual facing a GMVA civil claim can present defenses. One approach is to challenge whether the plaintiff has proven the main elements of the claim. For example, a defendant might argue their conduct did not legally constitute a crime of violence or that it was not motivated by gender, perhaps offering evidence that the incident stemmed from other factors like a personal dispute.
Defendants can also raise affirmative defenses, which argue against liability even if the plaintiff’s allegations are true. Examples include self-defense, or consent (though its application is complex in violence cases). The seven-year statute of limitations is another defense if the lawsuit was filed too late.9LexisNexis. Civil Rights Law § 79-N – Bias-Related Violence or Intimidation; Civil Remedy