Trustworthy Law Firm to Pursue Damages for Gender Motivated Violence
It’s crucial to obtain legal representation as soon as you realize you have been harmed by gender motivated violence. Recently, the statute of limitations for gender-motivated assault under the Victims of Gender Motivated Violence Protection Law was opened up for a two-year window from March 1, 2023, to March 1, 2025, so that you can file for any attack in the past. If you were injured due to gender motivated violence in New York City, you should call the seasoned New York City sexual abuse lawyers of Phillips & Associates. Our firm has many years of experience in employment discrimination and harassment, including cases that arise out of sexual and other types of violence. We can examine your case to determine all avenues of relief that are available to you.
Pursuing Damages for Gender Motivated Violence
The New York City Victims of Gender Motivated Violence Protection Law (VGMVPL) offers a civil cause of action for victims of crimes of violence that were perpetrated due to the victim’s gender and due, at least partly, to animus towards the victim. We can seek monetary damages from the perpetrator of this kind of violence, along with other civil claims for sexual harassment, sexual assault, and sexual battery.
A civil proceeding based on gender motivated violence is distinct from a prosecution for sexual assault or abuse in criminal court. In a criminal case, the charges brought against a defendant must meet the high standard of beyond a reasonable doubt. The civil proceeding requires us to meet a lower standard of proof. If they can, instead of criminal penalties like jail time or fines paid to the state, the defendant in a plaintiff’s civil suit may be required to pay damages to the plaintiff for a wide range of harms arising out of the violence.
The Victims of Gender Motivated Violence Protection Law
In 2000, the United States Supreme Court held that the constitution didn’t provide grounds for a federal civil rights cause of action by victims of gender-based violence against perpetrators of offenses; these problems were left to be addressed by state and local governments. It has been known for some time that gender-motivated violence triggers psychological, physical, emotional and economic injuries to its victims. It is the leading cause of injuries to those women who are ages 15-44. Accordingly, after the ruling in 2000, New York City passed the VGMVPL.
The gender motivated violence law requires us to prove: (1) you were injured by a crime of violence and (2) at least partly, the perpetrator was motivated by animus based on gender. A “crime of violence” under the law means an act or series of acts that are a misdemeanor or felony against another when the actions present serious risk of physical injury, even if those acts didn’t lead to criminal charges, prosecution or conviction.
It's insufficient to show that an attacker had a bad attitude towards people of your gender; rather our lawyers will need to demonstrate the perpetrator’s malice or ill will towards you because of your gender. Rape and sexual assault are considered actions that demonstrate animus without needing to present further evidence about the perpetrator’s attitude.
A conviction is conclusive evidence of the underlying events that resulted in a criminal action in a VGMVPL lawsuit. However, importantly, our attorneys may also be able to establish elements in a cause of action for gender-motivated violence without referring to a prior criminal conviction for the conduct.
When the attorneys of Phillips & Associates are able to establish liability, potential damages that may be recovered from the defendant, and in certain cases, the defendant’s employer, are compensatory damages, punitive damages, attorneys’ fees, and injunctions.
Consult Our Law Firm If You Experienced Gender Motivated Violence
At Phillips and Associates, we provide tenacious legal representation to clients who have faced gender motivated violence and other types of harm due to their gender. Our New York City trial attorneys represent people who’ve been harmed in all five boroughs of the city. Complete our online form or contact us at (212) 248-7431 for a free consultation.
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