[HISTORY: Adopted by the Rockland County Legislature 7-17-2001
by L.L. No. 11-2001. Amendments noted where applicable.]
A.Â
Gender-motivated violence inflicts serious physical,
psychological, emotional and economic harm on its victims. Congressional findings
have documented that gender-motivated violence is widespread throughout the
United States, representing the leading cause of injuries to women ages 15
to 44. Further statistics have shown that three out of four women will be
the victim of a violent crime sometime during their lives, and as many as
4,000,000 women a year are victims of domestic violence. Senate hearings,
various task forces and the United States Department of Justice have concluded
that victims of gender-motivated violence frequently face a climate of condescension,
indifference and hostility in the court system and have documented the legal
system's hostility towards sexual assault and domestic violence claims.
B.Â
Recognizing this widespread problem, Congress in 1994
provided victims of gender-motivated violence with a cause of action in federal
court through the Violence Against Women Act (VAWA) (42 U.S.C. § 13981).
In a May 15, 2000, decision, the United States Supreme Court held that the
Constitution provided no basis for a federal cause of action by victims of
gender-motivated violence against their perpetrators either under the Commerce
Clause or the Equal Protection Clause of the Fourteenth Amendment. In so ruling,
the Supreme Court held that it could "think of no better example of the police
power, which the Founders denied the National Government and reposed in the
States, than the suppression of violent crime and vindication of its victims."
C.Â
In the exercise of its police power, the County of Rockland
has determined to grant victims of gender-motivated violence a private right
of action against their perpetrators. This private right of action aims to
resolve the difficulty that victims face in seeking court remedies by providing
an officially sanctioned and legitimate cause of action for seeking redress
for injuries resulting from gender-motivated violence.
This chapter shall briefly be known as the "Rockland County Victims
of Gender-Motivated Violence Protection Act."
As used in this chapter, the following terms shall have the meanings
indicated:
An act or series of acts that would constitute a misdemeanor or felony
against the person as defined in state or federal law or that would constitute
a misdemeanor or felony against property as defined in state or federal law
if the conduct presents a serious risk of physical injury to another, whether
or not those acts have actually resulted in criminal charges, prosecution,
or conviction.
A crime of violence committed because of gender or on the basis of
gender, and due, at least in part, to an animus based on the victim's
gender.
A.Â
Except as otherwise provided by law, any person claiming to be injured by an individual who commits a crime of violence motivated by gender as defined in § 279-3 of this chapter, shall have a cause of action against such individual in any court of competent jurisdiction for any or all of the following relief:
B.Â
Except as otherwise permitted by law, nothing in this chapter entitles a person to a cause of action for random acts of violence unrelated to gender or for acts that cannot be demonstrated, by a preponderance of the evidence, to be motivated by gender as defined in § 279-3 of this chapter.
C.Â
Nothing in this section requires a prior criminal complaint,
prosecution or conviction to establish the elements of a cause of action under
this chapter.
Every element of the cause of action granted herein shall be proved
by a preponderance of the evidence, except that conviction of a crime arising
out of the same transaction, occurrence or event giving rise to a cause of
action under this chapter shall be considered conclusive proof of the underlying
facts of that crime for purposes of an action brought under this chapter.
That such crime was a crime of violence motivated by gender must be proved
by a preponderance of the evidence.
A civil action under this chapter must be commenced within seven years after the alleged crime of violence motivated by gender, as defined in § 279-3 of this chapter, occurred. If, however, due to injury or disability resulting from an act or acts which gives or give rise to a cause of action under this chapter, or due to infancy as defined in the Civil Procedure Law and Rules, a person entitled to commence an action under this chapter is unable to do so at the time such cause of action accrues, then the time within which the action must be commenced shall be extended to seven years after the inability to commence the action ceases.
Unless otherwise specifically provided for in this chapter, the provisions
of the New York State Civil Procedure Law and Rules shall govern actions brought
under this chapter.
