ECBAWM Wins Landmark Ruling in Rape and Gender Motivated Violence Case

  • July 27, 2018

ECBAWM won a landmark ruling allowing a case for rape to proceed under New York City’s Victims of Gender Motivated Violence Protection Act. Justice Robert R. Reed denied the defendant’s motion to dismiss the case, holding that the complaint properly alleged all the elements of the claim.

The New York City Council passed the Act in 2000 to create a private right of action for victims of “gender-motivated crimes of violence” like sexual assault and rape to sue their abusers in civil court. The Act also extends the statute of limitations to bring such cases to seven years. Justice Reed’s ruling gives real meaning to the City’s Act and makes it a powerful and much-needed tool for victims of sexual misconduct to seek justice in the courts.

The case is Breest v. Haggis, No. 161137/2017 (N.Y. Sup. Ct.). ECBAWM attorneys Jonathan S. Abady, Ilann M. Maazel, and Zoe Salzman represent the plaintiff.

“Publicist Accusing Paul Haggis of Sexual Assault Pursuing Claims With Rarely Used NYC Local Law,”
“Oscar-winning filmmaker Paul Haggis’ attempt to sue his alleged rape victim for ‘intentional infliction of emotional distress’ is thrown out by a New York judge,” The Daily Mail
“Paul Haggis Must Face Rape Lawsuit in New York,” The Hollywood Reporter
“Paul Haggis must face civil rape suit: judge,” New York Post