In New York City, survivors of sexual assault and other kinds of gender-motivated violence can bring a civil claim against their assailants and against enabling institutions under New York City’s Victims of Gender-Motivated Violence Protection Law (“GMVPL”). If the underlying assault occurred after January 9, 2022, then survivors can also sue any person or entity that directed, enabled, participated in, or conspired in the commission of the crime, in addition to the individual who actually committed the crime. 

In order to bring a successful claim under the GMVPL, a plaintiff must demonstrate that:

a) They suffered a crime of violence;

b) The crime of violence was motivated by gender;

c) The underlying conduct resulted in a physical or emotional injury;

d) The underlying conduct occurred after December 20, 2000; and

e) The underlying conduct occurred in New York City or the plaintiff is a New York City resident.

Plaintiffs have seven years from the time of the crime to file a lawsuit against their perpetrators. If the plaintiff was a minor at the time of the crime, then they have until their 27th birthday to bring a lawsuit. 

What Constitutes a “Crime of Violence?”

A “a crime of violence” is defined in the law as “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.”

The first half of this definition requires that someone committed a crime “against the person,” like an assault, or against property, like destruction of property or vandalism. It doesn’t matter if the perpetrator was ever arrested or prosecuted for the crime—only that their actions would have constituted one of these crimes under state or federal law.  

Initially, some courts interpreted the phrase “if the conduct presents a serious risk of physical injury” to apply to both crimes against the person and crimes against property. More recently, a court in the Southern District of New York has held that the serious risk of physical injury only applies to crimes of property. In that case, the court allowed the plaintiff’s case to defeat a motion to dismiss when the underlying conduct consisted of unwanted touching and grouping. This case holds that a crime against the person does not require a serious risk of physical injury to have a claim under the GMVPL.  

What Constitutes “Motivated by Gender?”

The phrase “motivated by gender” is defined by the law as being “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. 

In 2019, ECBAWM secured a major appellate victory interpreting this section of the law in Breest v. Haggis. There, the First Department Appellate Division held that while “animus” translates to “malice or ill will,” the crimes of rape and sexual assault are inherently committed with animus towards the victim’s gender, stating “[m]alice or ill will based on gender is apparent from the alleged commission of the act itself. Animus inheres where consent is absent.” As a result, survivors of rape or sexual assault automatically satisfy the “motivated by gender” requirement of this law.  

Do I Have a Claim Under the GMVPL?

Whether you have a claim will depend on the circumstances of your own case and whether it meets the criteria described above. Some situations, however, commonly support claims under the GMVPL. For example, if you have experienced one of the following situations, you may have a claim:

• Rape or other sexual assault or abuse

•Domestic or dating violence

•Stalking that involved unwanted physical touching or destruction of property

•Sexual harassment at work that involved unwanted physical touching

•Sexual harassment at school that involved unwanted physical touching

•Sex trafficking 

If you believe you may have a claim under the GMVPL, reach out to an attorney experienced in GMVPL litigation or other gender discrimination litigation as soon as possible.

See N.Y.C. Admin. Code § 10-1101 et seq.
See Council of City of New Intro. No. 2372-B, proposing amendment to Administrative Code § 10-1104 [Jul. 29, 2021].
N.Y.C. Admin. Code at § 10-1104.
See id. at § 10-1105.
Id. at § 10-1103.
See e.g., Rossbach v. Montefiore Med. Ctr., No. 19 Civ. 5758, 2021 WL 930710, at *11 (S.D.N.Y. Mar. 11, 2021)
Baldwin v. TMPL Lexington LLC, No. 23 Civ. 9899, 2024 WL 3862150, at *11 (S.D.N.Y. Aug. 19, 2024).
Id. at *12.
180 A.D.3d 83 (1st Dep’t 2019) (“Rossbach has not produced evidence that Morales’ unwanted touching posed a serious risk of physical injury.”).
Id. at 94.