Gender Motivated Violence Act

The New York City Gender Motivated Violence Act (GMVA) provides a powerful civil remedy for individuals who have been harmed by violence or abuse committed because of their gender. It allows survivors to bring civil claims against perpetrators whose damaging conduct was fueled by gender-based hostility or power dynamics, and in some cases, against the institutions that enabled the perpetrator.

Under the GMVA, a plaintiff must prove malice or ill will based on gender. Coerced or nonconsensual sexual activity proves the “malice or ill will based on gender” and the “animus based on the victim’s gender” requirements under the GMVA.

New York State laws concerning consent state that anyone under the age of 17 or in law enforcement custody is incapable of consent. Coercion, threats, or intimidation tied to gender and abuses of power in professional or institutional settings may qualify for a claim under the GMVA as well.

Survivors can sue both the individual perpetrators who committed the abuse and the institutions that enabled, concealed, or failed to prevent the abuse.

Survivors may be able to sue the individual who committed, directed, participated in, or conspired to commit gender-based violence acts such as sexual violence, assault, rape and human trafficking

Enabling institutions may also be held legally accountable if their policies, practices, or negligence allowed the abuse to happen. Examples of institutions you can sue include:

Healthcare and Government Facilities: For failing to keep patients, inmates, or residents safe from gender-based violence.
Foster Care Agencies: For neglecting to protect foster children from sexual predators.
Schools and Universities: For failing to protect students from assault, or ignoring warning signs about staff or students.
Employers and Workplaces: For failing to investigate or put a stop to workplace sexual harassment and assault.
Religious Institutions: For concealing or failing to act on allegations of sexual abuse by clergy or staff.

Survivors may claim damages for physical and emotional injuries, medical and psychological treatment, as well as lost income, diminished earning capacity and pain and suffering. In some cases, punitive damages may also be available for particularly egregious behavior.

New York City has extended the filing window windows for survivors of gender motivated violence to July 2027. Even if the time limit for filing your claim had previously expired, you can now file a claim under this statute. Because the window in which to file your claim is only open until July 2027, it is extremely important that you contact an attorney immediately if you want to file a claim.

Looking for help?

Contact an Experienced Gender Abuse Attorney for Help

Bonina & Bonina, P.C. represents survivors of sexual abuse with integrity and commitment. If you have experienced gender motivated violence in New York City, we are here to help. Contact us for a confidential consultation.