New York Gender Motivated Violence Act: What You Need to Know

The Victims of Gender-Motivated Violence Protection Law, or VGMVPL, also known as the New York Gender Motivated Violence Act or the NY GMVA, is a New York City law that establishes a civil cause of action for those harmed by sexual assault, abuse, and other violent crimes based on gender.

The New York City Council passed an amendment to the law in January 2022 that opened up a limited two-year window for survivors of gender-motivated violence to bring civil lawsuits against perpetrators and responsible institutions. This lookback window became effective on March 1, 2023. It will close on March 1, 2025. During this period, survivors may file suit over sexual abuse or sexual assault, no matter how long.

Filing a civil lawsuit under the New York Gender Motivated Violence Act is meant to help survivors who have experienced physical sexual abuse that was, at least in part, motivated by their gender. This law only applies to offenses occurring within the five boroughs of New York City.

Cases filed under the NYC Gender Motivated Violence Act must meet two requirements:

1. There must be an injury resulting from a violent crime. The crime must constitute a misdemeanor or felony under state or federal law, but it need not be criminally prosecuted.
2. The perpetrator acted at least in part with gender-based animus, or “malice or ill will.”

In essence, the individual seeking to file a claim must have been the victim of a violent crime that was at least in part motivated by their gender. A criminal prosecution is not necessary. The survivor may file suit in civil court even if the perpetrator has not been prosecuted in criminal court. Notably, civil lawsuits often have much lower burdens of proof than criminal cases.

New York courts have acknowledged that perpetrators of sexual assault and sexual abuse act forcibly and without the victims’ consent. Thus, such crimes are inherently acts of violence motivated by the victim’s gender. Note, however, that both female and male sexual abuse survivors are eligible to seek financial compensation under this new law, no matter whether the abuser was a man or a woman.

The amendment to the New York GMVA applies in cases involving the following:

• Physical sexual assault
• Sexual battery
• Certain forms of sexual harassment (which involve sexual violence)

You may be familiar with the New York Adult Survivors Act, which was a New York state law that created a one-year window for sexual abuse survivors to file claims regardless of how long ago the abuse took place. However, that window closed on November 24, 2023. 

Like the state law, the NYC GMVA also has a limited window for claims to be filed regardless of the timeframe. The New York City law’s window only lasts until March 1, 2025.

A civil lawsuit is different than criminal charges for sexual abuse. Filing a civil lawsuit allows an individual to seek monetary compensation for damages stemming from the harm. Meanwhile, with criminal charges, the state prosecutes an individual for criminal offenses. Those charged with crimes face potential jail time and other penalties.