What is the Gender Motivated Violence Protection Law?

While many people are familiar with the New York Adult Survivors Act, which opens a door for victims of sexual assault whose claims have fallen out of the statute of limitations to bring civil claims against their abusers, many haven’t heard of the Gender Motivated Violence Protection Law. 

However, the lesser-known Gender Motivated Violence Protection Law might have even more protections than the state Adult Survivors Act if the violent act occurred within the boundaries of New York City. The law provides a two-year lookback window–which began in March 2023 and ends on February 28, 2025– and similarly opens a doorway for victims to bring claims against their attacker without regard to when the incident occurred. However, the Gender Motivated Violence Protection Law covers more than only sexual violence and includes physical, verbal, psychological, and socio-economic violence. 

The Gender Motivated Violence Protection Law went into effect in Oct. 2018, extending the statute of limitations for civil charges for gender-motivated violence to seven years after the event occurred. An amendment was passed in January 2022 to open a two-year lookback window for victims whose claims were time-barred under the city law.

The two-year lookback window ends on February 28, 2025. It gives victims of gender-based violence an opportunity to recover damages against their accused attacker and is only effective for civil charges. A victim cannot bring criminal charges against the perpetrator under this law. 

To bring civil charges under the Gender Motivated Violence Protection Act, the victim does not have to reside in New York City but the act must have occurred in one of the five New York City boroughs. 

If you’ve experienced gender-based violence and are wondering if this law can help you, don’t hesitate to contact the compassionate legal team at VKV. We are here to stand by your side, advocate for your rights, and navigate this legal journey with you.

‘I don’t want to be in the darkness anymore’: Bronx case worker sues DSS over alleged sexual abuse, retaliation

By Aliyah Schneider/ Bronx Times

Disclaimer: This story details various accusations of sexual abuse.

A homelessness case worker on unpaid leave is suing the New York City Department of Social Services (DSS) and two of its employees over allegations that an office manager subjected her to relentless sexual abuse while her supervisor turned a blind eye.

The suit, which was filed by Trishana Jones on Sept. 12 in Bronx County Supreme Court against DSS — as well as her alleged harasser and direct supervisor — claims that the office manager sexually abused her from 2019-2022 and the agency failed to properly investigate it after she reported it.

Her lawsuit centers on allegations against Dason Noble, an office manager at the Northern Boulevard Queens DSS office they worked at together, who had the authority to discipline her. Jones, who lives in the Edenwald Section of the Bronx, initially thought they might develop a consensual romantic relationship, but instead, he abused his authority, according to Jones’ claims.

“I deserve justice for what I had to endure, and the world needs to see what happened,” Jones, 38, told the Bronx Times in her first interview since filing the lawsuit. “And I don’t want to be in the darkness anymore.”

According to the suit, Noble regularly coerced her into having sex with him in the workplace despite her saying she did not want to. She also accuses him of making degrading sexual comments and groping her in the office, ordering her to take explicit pictures in the bathroom for him, locking her in a storage room with him and recording sexual encounters without her consent, forcing her to take a contraceptive pill and choking her nearly to the point of unconsciousness, which led to bruising on her neck.

In one instance, Jones walked home in the winter without a jacket because he took it while trying to lure her into the stock room, according to the complaint.

Jones is requesting back pay, interest, compensatory and punitive damages, past and present pain and suffering damages, as well as attorneys fees. She has been on unpaid leave since Nov. 7, 2022, having been diagnosed with PTSD as a result of the alleged ordeal, according to her lawyers.

A DSS spokesperson told the Bronx Times that the agency cannot comment on ongoing litigation or investigations involving personnel, but that the well-being of staff is its “top priority.” The agency investigates, verifies facts and takes appropriate action — including prompt disciplinary action when warranted — when it learns of sexual harassment, the spokesperson said.

“We do not tolerate any instances of sexual harassment and take any such reports incredibly seriously,” the spokesperson added. “As we conduct a thorough investigation, we are committed to taking necessary action against any bad actors when warranted.”

Read the full article from the Bronx Times and a statement from Partner James Vagnini here.

Rape Trauma Syndrome and Common Rape Myths

{5 minutes to read}  In January, former Hollywood movie producer Harvey Weinstein faced trial in New York Supreme Court. Weinstein, who has been accused of sexual assault and harassment by at least 80 women in the past few years, faced several charges including rape, sexual abuse, sexual misconduct, and predatory sexual assault. Ultimately, the jury returned a guilty verdict on two charges — criminal sex act in the first degree and rape in the third degree. Weinstein was acquitted of predatory sexual assault and first degree rape. Currently awaiting sentencing, he faces a minimum sentence of five years and a maximum sentence of 25 years.

As a central part of their strategy, Weinstein’s defense team argued that several of his accusers continued to remain in contact with him well after their alleged attacks. The defense pointed to “friendly communications” between Weinstein and the women, business meetings, continued employment, and even trips. This tactic was an effort to discredit the victims, and convince the jury that his encounters with his accusers were, in fact, consensual sexual relationships. However, expert testimony from psychiatrists in the field can shed light into the complex coping mechanisms of sexual assault victims that counter such a strategy.

There are many commonly believed notions regarding the behaviors of rape and sexual assault victims following an attack. However, the truth is that the reactions of victims can manifest in ways which often seem atypical to those looking from the outside in. These presupposed “rape myths” perpetuate false beliefs, namely that victims distance themselves from their attackers following an assault, and that victims report the attack to law enforcement officials. Expert testimony can be used to educate the jury on rape trauma syndrome and common rape myths.

Rape trauma syndrome (RTS) is a post-traumatic stress disorder — specifically related to sexual assault — that is accompanied by certain physical or psychological responses. Most victims of rape and sexual assault experience some form of RTS. Courts have regularly held that properly admitted expert testimony can be used to provide an explanation for victim behavior which is inconsistent with a claim of rape. Expert testimony on RTS can help the jury in resolving frequent misconceptions that often stem from social attitudes regarding sexual assault, consent, and culpability.

Reporting the Attack

In the Weinstein case, the prosecution called on Dr. Barbara Ziv, a forensic psychiatrist, to testify on rape myths and explain the complexities of rape trauma to the jury. Dr. Ziv testified that it is “very rare” for victims to immediately disclose incidents of assault to those around them and even less common for victims to report the assault to law enforcement, especially when they have been assaulted by someone they actually know. 

Similar to Dr. Ziv, experts in the field explain that it is common for victims to decide not to report attacks to the police in an effort to move past their experience. Survivors tend to feel re-victimized by the criminal justice system and decide to cope in other ways. 

Additionally, statistics show that reporting is far less likely when a victim has an established relationship with the offender — whether they are intimate partners, former intimate partners, friends, or acquaintances. 

Reasons victims decide not to report incidents of sexual assault include: 

•Shame,

•Fear of a lack of evidence,

•Belief the attack was a personal matter, and

•Uncertainty of the offender’s intent.

Distancing From the Attacker

Dr. Ziv also provided testimony on victims distancing themselves from their attackers — another classic rape myth. In response to their assault, a victim may decide to continue their relationship with the offender in an effort to regain control after an attack. Victims may also try to convince themselves an encounter was consensual by maintaining the status quo with their offender. This form of deflection helps victims to cope with the serious trauma they suffered at the hand of their offender and is their attempt to maintain normalcy.

In the Weinstein case, Dr. Ziv explained that the reasons for continuing communication with an offender can be complex. A victim may be fearful of losing out on job opportunities and ruining their reputation, and decide to put their experience “in a box.” These fears, coupled with threats from their offender, lead victims to deny their experiences and stay involved with offenders even after being assaulted.

James A. Vagnini
Partner
email: [email protected]