Gender-motivated violence inflicts a wide range of harms. Victims may endure psychological damage, physical injuries, economic losses, and emotional pain and suffering as a result of the gross misconduct they endured. This harm is visited predominantly on women and it is a leading cause of injuries for women ages 15-44. According to World Bank data, women “aged 15-44 are more at risk from rape and domestic violence than from cancer, car accidents, war and malaria.” In New York City, if you were harmed by gender-motivated violence, you have a way to fight back using the civil justice system. In fact, from now until the end of February 2025, you have the potential to seek justice for gender-motivated violence no matter how old those events were. An experienced New York City sexual abuse lawyer can help you assess your situation and what legal actions might be suitable to help you.
One of those alleged abuse victims in New York City was A.L., an “up-and-coming fashion model.” In 2002, at age 22, having notched appearances in Cosmopolitan, Seventeen, Glamour, and Essence, the model used her connections to land a photo shoot with a well-known photographer famous for shooting supermodels like Gisele Bundchen and Eva Herzigova.
The young model knew the shoot was for the photographer’s upcoming work Intimate: Nudes. What the model allegedly did not know, however, was that she and the photographer would be alone in the studio during the nude shoot. (According to the lawsuit, the photographer previously indicated that a hair and makeup stylist would be present during the session.)
Allegedly, after the model removed her clothes, the photographer locked the studio door and told the woman to touch herself sexually “for the camera.” After the model balked, the photographer penetrated her with his fingers “repeatedly,” all the while photographing the woman as she “protested, covered her face, and cried,” the complaint alleged. Subsequently, she contacted her agent and demanded that all images from the session – including negatives – be burned.
After that, the photographer started rumors “amongst industry insiders” that A.L. had been “difficult” during the shoot, a condemnation that effectively blacklisted her within the fashion modeling industry, the lawsuit asserted.
The GMVL and the 2023-2025 Lookback Window
Based on those allegations, the model sued for damages under the Victims of Gender-Motivated Violence Protection Law in March. Although the alleged assault took place more than 20 years ago, the model has the potential to win her civil case and recover a variety of forms of damages, including pain and suffering compensation and punitive damages under this statute.
The city council has amended the GMVL several times. In January 2022, the council created a one-time lookback window spanning from March 1, 2023, to February 28, 2025. During those 24 months, victims could advance lawsuits even if their claims previously were barred by the statute of limitations. (The GMVL’s existing limitations period gave victims only seven years to sue.) During the lookback period, victims may sue regardless of how long ago the misconduct happened. (For example, the photographer’s alleged assault of A.L. occurred more than 21 years before the model filed her civil complaint.)
The Elements of a GMVL Claim
Winning a GMVL case requires two crucial components. One involves proving that you endured an injury as a result of a crime of violence, and the other is establishing that gender-motivated “animus,” in whole or in part, fueled the perpetrator’s act(s) of violence. In this context, animus means malice or ill will.
Keep in mind that this second part does not necessarily impose a major additional proof requirement. In many cases, proof of a rape or sexual assault is itself enough to clear both hurdles because, as the Appellate Division court said in 2019, non-consensual “sexual acts… are a violation of the victim's bodily autonomy and an expression of the perpetrator's contempt for that autonomy. Coerced sexual activity is dehumanizing and fear-inducing. Malice or ill will based on gender is apparent from the alleged commission of the act itself.”
Because less than nine months remain in the law’s 24-month lookback period, contacting legal counsel right away is vitally important. The sooner you retain counsel, the sooner your attorneys can investigate your case. Proper and thorough investigation is essential, not only to build the strongest possible case against the perpetrator but also to identify other potential people or entities who may be liable for the harm you endured, such as the perpetrator’s employer or other third parties.
The New York sexual abuse attorneys at Phillips & Associates have years of experience zealously representing clients who have survived gender-motivated violence, helping them to see justice done by holding abusers accountable and obtaining vital compensation. Contact us online or at (833) 529-3476 to set up a free and confidential consultation today to discuss how we can help you.