Chapter 9 - ACTIONS BY VICTIMS OF GENDER-MOTIVATED VIOLENCE — NYC Administrative Code 0.0.1 documentation (2024)

 § 8-901 Short Title. This local law shall be known as the "Victims ofGender-Motivated Violence Protection Act".

 § 8-902 Declaration of Legislative Findings and Intent.Gender-motivated violence inflicts serious physical, psychological,emotional and economic harm on its victims. Congressional findings havedocumented that gender-motivated violence is widespread throughout theUnited States, representing the leading cause of injuries to women ages15 to 44. Further statistics have shown that three out of four womenwill be the victim of a violent crime sometime during their lives, andas many as four million women a year are victims of domestic violence.Senate hearings, various task forces and the United States Department ofJustice have concluded that victims of gender-motivated violencefrequently face a climate of condescension indifference and hostility inthe court system and have documented the legal system's hostilitytowards sexual assault and domestic violence claims. Recognizing this widespread problem, Congress in 1994 provided victimsof gender-motivated violence with a cause of action in federal courtthrough the Violence Against Women Act (VAWA) (42 USC § 13981). In a May15, 2000 decision, the United States Supreme Court held that theConstitution provided no basis for a federal cause of action by victimsof gender-motivated violence against their perpetrators either under theCommerce Clause or the Equal Protection Clause of the FourteenthAmendment. In so ruling the Court held that it could "think of no betterexample of the police power, which the Founders denied the NationalGovernment and reposed in the States, than the suppression of violentcrime and vindication of its victims." In light of the void left by the Supreme Court's decision, thisCouncil finds that victims of gender-motivated violence should have aprivate right of action against their perpetrators under theAdministrative Code. This private right of action aims to resolve thedifficulty that victims face in seeking court remedies by providing anofficially sanctioned and legitimate cause of action for seeking redressfor injuries resulting from gender-motivated violence.

 § 8-903 Definitions. For purposes of this chapter: a. "Crime of violence" means an act or series of acts that wouldconstitute a misdemeanor or felony against the person as defined instate or federal law or that would constitute a misdemeanor or felonyagainst property as defined in state or federal law if the conductpresents a serious risk of physical injury to another, whether or notthose acts have actually resulted in criminal charges, prosecution, orconviction. b. "Crime of violence motivated by gender" means a crime of violencecommitted because of gender or on the basis of gender, and due, at leastin part, to an animus based on the victim's gender.

 § 8-904 Civil Cause of Action. Except as otherwise provided by law,any person claiming to be injured by an individual who commits a crimeof violence motivated by gender as defined in section 8-903 of thischapter, shall have a cause of action against such individual in anycourt of competent jurisdiction for any or all of the following relief: 1. compensatory and punitive damages; 2. injunctive and declaratory relief; 3. attorneys' fees and costs; 4. such other relief as a court may deem appropriate.

 § 8-905 Limitations. a. A civil action under this chapter must becommenced within seven years after the alleged crime of violencemotivated by gender as defined in section 8-903 of this chapteroccurred. If, however, due to injury or disability resulting from an actor acts giving rise to a cause of action under this chapter, or due toinfancy as defined in the civil procedure law and rules, a personentitled to commence an action under this chapter is unable to do so atthe time such cause of action accrues, then the time within which theaction must be commenced shall be extended to seven years after theinability to commence the action ceases. b. Except as otherwise permitted by law, nothing in this chapterentitles a person to a cause of action for random acts of violenceunrelated to gender or for acts that cannot be demonstrated, bypreponderance of the evidence, to be motivated by gender as defined insection 8-903. c. Nothing in this section requires a prior criminal complaint,prosecution or conviction to establish the elements of a cause of actionunder this chapter.

 § 8-906 Burden of Proof. Conviction of a crime arising out of the sametransaction, occurrence or event giving rise to a cause of action underthis chapter shall be considered conclusive proof of the underlyingfacts of that crime for purposes of an action brought under thischapter. That such crime was a crime of violence motivated by gendermust be proved by a preponderance of the evidence.

 § 8-907 Severability. If any section, subsection, sentence, clause,phrase or other portion of this local law is, for any reason, declaredunconstitutional or invalid, in whole or in part, by any court ofcompetent jurisdiction such portion shall be deemed severable, and suchunconstitutionality or invalidity shall not affect the validity of theremaining portions of this law, which remaining portions shall continuein full force and effect.