Legal Rights, Filing Deadlines, and Compensation for Gender Abuse Survivors in NYC

Important Considerations:

  • 18‑Month Lookback Window Is Open Now. Survivors can file civil lawsuits for gender‑motivated violence that occurred before January 9, 2022, but claims must be filed by July 29, 2027.
  • Applies Only to the Five NYC Boroughs. The abuse must have occurred in Manhattan, Brooklyn, Queens, The Bronx, or Staten Island to qualify under this law.
  • Institutions Can Be Held Liable. In addition to perpetrators, survivors can also sue schools, hospitals, jails, foster care systems, and other institutions that enabled, allowed, or failed to prevent the abuse.
  • No Criminal Case Required. A survivor can bring a civil lawsuit even if no arrest, charge, or conviction ever occurred.
  • Compensation and Punitive Damages Available. Claims may seek compensatory damages, punitive damages, injunctive relief, and attorney’s fees, and certain previously dismissed cases may be amended or refiled.

Gender Motivated Violence Protection Law Amendments

New York City already had the Gender Motivated Violence Protection Law in place. However, on January 29, 2026, the New York City Council voted to override the mayor’s veto and enacted Intro. 1297, which extends and reopens the time period for survivors to file civil lawsuits for gender motivated violence that happened years or even decades ago.

The amendment lets survivors bring claims that were previously blocked by the statute of limitations. It creates a special 18-month lookback window to file certain civil lawsuits.

This law applies only to incidents that occurred within the five boroughs of New York City:

  • Manhattan
  • Brooklyn
  • Queens
  • The Bronx
  • Staten Island

It makes it easier for survivors to hold both individuals and institutions legally responsible.

Important Considerations

18-Month Lookback Window Is Open Now

Survivors can file civil lawsuits for gender motivated violence that happened before January 9, 2022.

All claims need to be filed by July 29, 2027.

Applies Only to the Five NYC Boroughs

The abuse must have taken place in Manhattan, Brooklyn, Queens, The Bronx, or Staten Island.

Institutions Can Be Held Liable

Survivors can sue not only the person who committed the abuse, but also institutions that:

  • Enabled the abuse
  • Allowed the abuse
  • Failed to prevent the abuse

Examples include:

A Criminal Case Is Not Required

A survivor can file a civil lawsuit even if:

  • No arrest was made
  • No criminal charges were filed
  • No conviction occurred

Compensation and Punitive Damages May Be Available

Survivors may seek:

  • Compensatory damages
  • Punitive damages
  • Injunctive relief
  • Attorney’s fees

Certain cases that were previously dismissed may also be changed or refiled.

What Is the NYC Gender Motivated Violence Protection Law?

The Gender Motivated Violence Protection Law allows survivors of gender motivated violence to file civil lawsuits. It covers acts such as:

  • Sexual abuse
  • Sexual assault
  • Harassment
  • Violent conduct motivated by a person’s gender

Section 10-1104.1 of the Administrative Code

Under Section 10-1104.1, any person injured by someone who commits, directs, enables, participates in, or conspires in gender motivated violence may bring a civil claim.

This applies even if:

  • The acts occurred before January 9, 2022
  • The lawsuit is filed by July 29, 2027

The law also lets survivors sue institutions if those organizations knew about, allowed, or did not stop gender motivated violence by their employees, agents, or affiliates.

Why Intro. 1297 Matters to Survivors

Many survivors are not emotionally or financially ready to pursue legal action right away. Trauma, fear, and lack of knowledge about legal rights often delay reporting.

Traditional statutes of limitations often ran out before survivors felt ready to file a claim. The amendment takes these realities into account.

The updated law:

  • Creates a New Filing Opportunity – Survivors can now file lawsuits for actions that would have been blocked by earlier time limits.
  • Expands Who Can Be Sued – Claims can be filed against:
    • Perpetrators
    • Individuals who enabled or participated in the abuse
    • Institutions that failed to prevent it
  • Provides Damages and Legal Relief – Survivors may seek:
    • Compensatory damages
    • Punitive damages
    • Injunctive relief to prevent future abuse
    • Attorney’s fees and court costs
  • Allows Previously Dismissed Claims to Be Refiled – If a claim was filed between March 1, 2023, and March 1, 2025, it may be amended or refiled under the amended law.
  • Recognizes Institutional Liability – Institutions can be held accountable for abuse that occurred within the scope of employment or affiliation.

What Qualifies as Gender Motivated Violence?

Under New York City law, a “crime of violence motivated by gender” is an act that:

  • Would qualify as a misdemeanor or felony under state or federal law, and
  • Was committed at least in part because of hostility or bias toward the victim’s gender

This can include:

  • Sexual assault and sexual abuse
  • Physical violence motivated by gender bias
  • Coerced sexual acts by authority figures
  • Abuse in schools, hospitals, jails, foster care systems, detention centers, and other institutions

A criminal conviction is not needed. A civil lawsuit can move forward even if no criminal charges were filed or no conviction occurred.

Who Can File a Claim?

To file under the Gender Motivated Violence Protection Law:

  • The abuse must have occurred in Manhattan, Brooklyn, Queens, The Bronx, or Staten Island.
  • The act must qualify as gender motivated violence.
  • The claim must be filed within the 18-month lookback window.
  • Claims previously dismissed due to earlier time limits may be amended or refiled.

Even if a survivor no longer lives in New York City, they can still file a claim if the qualifying act happened there.

Filing Deadlines and Timeline

The special filing window began on January 29, 2026, when the City Council override made the amendment effective.

Survivors have until July 29, 2027, to file claims for incidents that occurred before January 9, 2022.

Because this window is short, it is important to act quickly. Waiting too long can mean losing the chance to file a lawsuit and get compensation.

Damages and Relief That May Be Available In Your Case

Survivors who file under this law may request multiple forms of relief.

  • Compensatory Damages – Compensation for:
    • Physical injury
    • Emotional trauma
    • Therapy costs
    • Medical bills
    • Lost income
    • Other measurable losses
  • Punitive Damages – Additional financial awards are meant to punish particularly harmful or reckless conduct.
  • Injunctive Relief – Court orders are designed to stop ongoing harmful practices within institutions or workplaces.
  • Attorney’s Fees and Costs – Reimbursement for reasonable legal fees and court expenses.

These remedies are intended to address the full impact of gender motivated violence and support survivors in rebuilding their lives.

Institutional Liability Explained

A key part of the law is that institutions may be held responsible when they:

  • Committed abuse through employees or agents
  • Encouraged or enabled harmful conduct
  • Failed to prevent known risks or prior incidents
  • Conspired with others to facilitate abuse

Institutions that may be liable include:

  • Public, private, charter, and religious schools
  • Hospitals and medical centers
  • Juvenile detention facilities
  • Jails, prisons, and correctional centers
  • Foster care and group home systems
  • Youth programs and athletic organizations

The law recognizes that organizations can create environments that allow violence to occur or continue.

Why Intro. 1297 Matters

Many survivors were unable to pursue claims for years because traditional statutes of limitations expired before they were ready to take action. Trauma, financial barriers, and lack of legal knowledge often delay filing.

Intro. 1297 addresses this problem by reopening the filing period for certain past claims. It prevents perpetrators and institutions from avoiding accountability solely because of procedural deadlines.

The law reinforces the principle that violence motivated by gender should not go unchecked and that survivors deserve a meaningful opportunity to seek justice and compensation.

NYC Gender-Motivated Lawsuit Frequently Asked Questions

What qualifies as a gender motivated violence claim?

The conduct must qualify as a misdemeanor or felony under state or federal law and must have been motivated, at least in part, by hostility toward the victim’s gender. This includes sexual abuse, assault, harassment, or violence related to gender identity or expression.

Can I file a lawsuit if the incident happened decades ago?

Yes. The lookback window allows survivors to file claims for acts that occurred before January 9, 2022, even if they happened many years ago. Claims must be filed by July 29, 2027.

Do I need a criminal conviction?

No. A criminal conviction is not required. Civil cases use a lower standard of proof, called a preponderance of the evidence.

Can institutions be sued?

Yes. Schools, hospitals, detention centers, and other organizations may be sued if they committed, enabled, participated in, or failed to prevent gender motivated violence.

What damages can I receive?

Survivors may seek compensatory damages, punitive damages, injunctive relief, and attorney’s fees.

What if my previous claim was dismissed?

If you filed between March 1, 2023, and March 1, 2025, your case may be amended or refiled under the amended law.

How do I file a claim?

A claim must be filed in the Supreme Court, Civil Branch, in the borough where the incident occurred.

Contact Parker Waichman LLP for a Free Case Review

If you or a loved one experienced gender motivated violence, including sexual abuse or assault, within New York City, you may have a limited opportunity to pursue justice and financial compensation under the amended Gender Motivated Violence Protection Law.

Parker Waichman LLP is handling these claims and offers a free consultation. Our firm can evaluate your situation, explain your rights, and help preserve your legal options before the filing deadline.

Contact us or call (516) 466-6500 today for a free and confidential consultation. Our gender motivated violence lawsuit lawyer can give you the justice and compensation you deserve.

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