If you have been accused of violence or harassment in New York City, you should be aware that your legal issues might extend beyond criminal courts. The New York Gender-Motivated Violence Act (GMVA) allows people to sue for damages in civil court, leading to large financial penalties, even if there is no criminal conviction.
What is the GMVA act?
The GMVA allows individuals who have experienced a crime partially or entirely motivated by gender to file a lawsuit against the offender for compensation.
What this means for the accused:
- Dual consequences: One event can lead to criminal charges (posing the threat of imprisonment) and a civil lawsuit (posing the threat of substantial financial penalties for compensatory and punitive damages, as well as pain and suffering)
- Broad motivation: The claimant only needs to demonstrate that gender was a motivating factor for the crime, not the sole reason, which considerably increases legal liability
Also, GMVA civil court cases often do not require the same “beyond a reasonable doubt” standard as criminal cases, making it easier for the claimant to prove their civil case.
Extended statute of limitations
Under the GMVA, individuals have up to nine years from the date of the incident to file a claim. This means that the threat of civil litigation can persist long after any criminal case is resolved.
If you face accusations that could involve the GMVA, you must act immediately. An experienced attorney can help you create a criminal defense strategy while mitigating exposure to civil damages. Contact one as soon as you can.