Defense of Gender-Motivated Violence Claims: A Rapidly-Evolving Area of Law

In January 2022, the New York City Council amended the Gender-Motivated Violence Protect Law (“GMV”), by creating a two-year lookback window to file otherwise untimely claims alleging injuries caused by gender-motivated violence. The window for filing these older claims closed on February 28, 2025, resulting in a significant increase in new case filings.

Cases involving revived GMV claims present unique challenges for both individual and institutional defendants. The passage of time often diminishes the availability of crucial witnesses and documents. Defendants accused of GMV violations face potential civil liability for, among other things, pain and suffering, medical expenses, and punitive damages. Experienced counsel is essential, given the potentially enormous financial exposure in these cases.

GMV litigation is an area of rapidly-developing case law. Several trial courts have weighed in on critical issues affecting the liability of individuals and institutions in GMV revival cases, including whether the 2022 GMV amendment created retroactive liability for institutional defendants (such as employers), and whether individual defendants may be held liable for conduct allegedly occurring prior to the GMV’s original enactment date in December 19, 2000. We expect these issues to eventually be resolved by the New York State Appellate Courts. The individual facts of each GMV case may offer other defense strategies, such as alibi, consent, or an employer’s lack of notice of an employee’s propensity for misconduct.

Joseph D’Avanzo defends individuals and institutions sued for claims involving severe emotional distress and psychiatric injury—the kinds of injuries and claims frequently raised in GMV cases. If you are facing a GMV claim, you may contact him to request a confidential consultation at jdavanzo@fdgllp.com.

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