Written by Thomas P. Giuffra
Since its passage in 2000, New York City’s Victims of Gender-Motivated Violence Protection Law, commonly referred to as the Gender-Motivated Violence Act (GMVA), has provided survivors of gender-based violence with a civil cause of action that is independent of the criminal justice system. The law was strengthened by amendments in 2022 and again in January 2026, when the City Council overrode a mayoral veto to reopen a lookback window for previously time-barred claims.
Despite the law’s increasing significance, many survivors, and even some attorneys, are unfamiliar with what the statute actually covers, how it defines gender-motivated violence, and what a survivor must establish to bring a claim.
How the Law Defines “Gender-Motivated Violence”
Section 10-1103 of the Administrative Code establishes two key definitions that control whether the statute applies to a given set of facts.
Crime of violence. The statute defines a “crime of violence” 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 if the conduct presents a serious risk of physical injury to another. Critically, the statute specifies that the conduct need not have resulted in criminal charges, prosecution, or conviction. This means that a survivor can bring a civil claim under the GMVA even if no police report was ever filed, no arrest was ever made, and no criminal case was ever pursued.
Crime of violence motivated by gender. The statute defines a “crime of violence motivated by gender” as a crime of violence committed because of gender or on the basis of gender, and due, at least in part, to an animus (a strong feeling of dislike, ill will, or hostility) based on the victim’s gender. These definitions were adopted from the federal Violence Against Women Act, as the First Department recognized in Breest v. Haggis, 180 A.D.3d 83.
What “Gender Animus” Means in Practice
The “animus based on the victim’s gender” requirement has been the subject of litigation since the GMVA was enacted. Early decisions interpreted the requirement narrowly, holding that not every act of sexual violence automatically satisfied the gender-motivation element. A survivor alleging rape or sexual assault demonstrates something beyond the assault itself, some additional evidence that the perpetrator harbored hostility or bias toward the victim’s gender.
The First Department’s 2019 decision in Breest v. Haggis significantly clarified this issue. In that case, the court held that gender-based animus can be inferred from the nature of the violent act itself. The court’s reasoning was straightforward: where an act of sexual violence is committed without consent, the animus required by the statute is inherent in the conduct. A nonconsensual sexual act is, by its nature, an assertion of power over the victim’s bodily autonomy that is inextricable from the victim’s gender.
This interpretation has broadened the practical reach of the GMVA considerably. Under Breest, survivors of sexual assault and sexual abuse do not need to produce separate evidence of discriminatory statements, a pattern of targeting a particular gender, or other extrinsic proof of gender animus. The nonconsensual nature of the act itself is sufficient.
What Types of Conduct Qualify
Because the statute incorporates state and federal criminal law definitions of offenses against the person, the range of conduct that can support a GMVA claim is broad. It includes, but is not limited to, the following categories of acts when motivated by gender: rape and sexual assault, including acts defined under New York Penal Law Article 130 (sex offenses); forcible touching and sexual abuse; sex trafficking and compelling prostitution under Penal Law §§ 230.33 and 230.34; domestic violence and intimate partner violence; stalking; assault and battery; and other acts of physical violence or coercion committed because of or on the basis of gender.
The law applies to both adult and child survivors. It protects people of any gender—the statute is not limited to female victims. New York courts have recognized that men, women, and nonbinary individuals can all be victims of gender-motivated violence.
The Civil Cause of Action: Section 10-1104
Section 10-1104 of the Administrative Code creates the private right of action. Under this section, any person claiming to be injured by a party who commits, directs, enables, participates in, or conspires in the commission of a crime of violence motivated by gender has a cause of action against such party. Available relief includes compensatory and punitive damages, injunctive and declaratory relief, attorney’s fees and costs, and any other relief a court deems appropriate.
Several aspects of Section 10-1104 are worth emphasizing.
No criminal proceeding is required. The statute explicitly provides that nothing in the chapter requires a prior criminal complaint, prosecution, or conviction. A civil claim under the GMVA stands on its own.
Institutional liability is now explicit. As amended by Intro 1297-A in January 2026, the statute’s language, “commits, directs, enables, participates in, or conspires in,” applies to both individuals and entities. This means that schools, employers, government agencies, detention facilities, healthcare providers, religious institutions, and other organizations that knew about or facilitated gender-motivated violence can be named as defendants.
The standard of proof is preponderance of the evidence. Unlike criminal proceedings, which require proof beyond a reasonable doubt, a GMVA claim requires the survivor to establish each element by a preponderance of the evidence, meaning more likely than not. This is the standard applicable to all civil litigation and is significantly lower than the criminal standard.
Geographic Limitation: The Five Boroughs
Because the GMVA is a local law enacted by the New York City Council, it applies only to acts of gender-motivated violence that occurred within the five boroughs of New York City: Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. Conduct that occurred outside New York City, even elsewhere in New York State, does not fall within the statute’s scope, though other state or federal causes of action may apply.
Statute of Limitations and the Current Lookback Window
Under Section 10-1105 of the Administrative Code, the standard statute of limitations for a GMVA claim is nine years from the date of the violent act (extended from seven years by the 2022 amendments). In addition, the law provides that the limitations period is tolled during any period in which the survivor was unable to commence an action due to injury, disability, or infancy.
More significantly, the January 2026 amendments created a new 18-month lookback window that is currently open. During this period, from January 29, 2026, through approximately July 29, 2027, survivors may bring claims for gender-motivated violence that occurred on or before January 9, 2022, regardless of whether the standard statute of limitations has expired. Survivors whose claims were dismissed during the prior lookback window (March 2023 through March 2025) may also amend or refile under the new provision.
This window is not expected to be extended or reopened. When it closes, time-barred claims will be permanently barred.
What to Do If You Believe You Have a Claim
If you experienced sexual violence, sexual abuse, sex trafficking, or other gender-motivated violence in New York City, the GMVA may provide a path to civil accountability and compensation, even if the abuse occurred decades ago and even if no criminal charges were ever filed.
Because the current lookback window is strictly time-limited, and because civil case development requires time for investigation, evidence gathering, and identification of all potentially liable parties, survivors who are considering whether to pursue a claim should consult with an attorney sooner rather than later. The filing deadline of approximately July 29, 2027, cannot be extended.
At Rheingold Giuffra Ruffo Plotkin & Hellman, our civil sexual abuse and sex trafficking practice is led by Thomas P. Giuffra, an internationally recognized trial attorney with deep experience in institutional abuse and trafficking litigation. We handle every case with the forensic rigor and trauma-informed approach that these matters demand.
To schedule a confidential consultation, contact us at (212) 684-1880 or submit a form via our Contact page.
Thomas specializes in the litigation and trial of significant civil sexual assault, medical malpractice, personal injury, mass tort, and product liability actions. His innovative approach has led to 20 verdicts and numerous settlements in excess of one million dollars on behalf of his clients, including a recent landmark verdict for $58 Million. He has been recognized as “outstanding in the field of advocacy” nationally and internationally.
