(TRENTON) – Legislation sponsored by
Assembly members Peter J. Barnes III, L. Grace Spencer, Valerie Vainieri Huttle
and John F. McKeon that would provide an additional element of relief for women,
and even men, who suffer at the hands of gender-motivated violence was approved
55-17-2 by the full Assembly on Monday.
“Gender-motivated violence is still a
real and pervasive threat for women,” said Barnes (D-Middlesex), chairman of the
Assembly Judiciary Committee. “Victims may suffer for many years with the
long-term ramifications of this violence, which are not always remedied by
criminal prosecutions. This will provide an additional measure of relief for
victims of these types of crimes.”
The bill
(A-746) would create a civil cause of
action for gender-motivated violence, allowing victims to be awarded actual
damages, damages for emotional distress or punitive damages, injunctive relief,
or any other appropriate relief. Additionally, a plaintiff who prevails
in an action under the bill shall be entitled to reasonable attorney’s fees and
costs.
“Victims of
gender-based violence often see their lives shattered by the mental and physical
trauma that can linger for years,” said Spencer (D-Essex/Union). “Sometimes the
effects require medical treatment, therapy, relocation, or any number of other
actions. By creating a civil compensation element, victims will have an
additional means to pick up the pieces of their life and move
on.”
The bill
was modeled after the federal “Violence Against Women Act” as well as similar
statutes in California and Illinois which provide for a cause of action for
gender-motivated violence.
“Ordinarily, a victim of gender violence would have to pursue, potentially,
three different legal remedies while trying to cope with emotional and physical
trauma,” said Vainieri Huttle (D-Bergen). “Rather than subjecting a
victim to a lengthy and cumbersome legal process, this bill essentially creates
a more efficient mechanism for them to pursue justice and redress.”
Under the
bill, “gender-motivated violence” can mean any of the following: (1) one or more
acts that would constitute a criminal offense under the laws of this state that
has as an element of use, attempted use, or threatened use of physical force
against the person or property of another, committed at least in part based on
the gender of the victim, whether or not those acts have resulted in criminal
complaints, charges, prosecution, or conviction; or (2) a physical intrusion or
physical invasion of a sexual nature under coercive conditions, whether or not
those acts have resulted in criminal complaints, charges, prosecution, or
conviction.
“This will
help empower women to pursue justice for violence aimed at them because of their
gender,” said McKeon (D-Essex/Morris). “Hopefully, it will also send a strong
message to offenders that as a society we will not tolerate these types of
crimes and we are willing to put the full weight of the law behind our
words.”
Under the
bill, the civil action must commence
within two years after the cause of action occurred, except if the
victim was a minor at the time the action occurred, then the civil action must
be commenced within two years after the person reaches the age of 18.
The bill does not require a prior criminal complaint, prosecution or
conviction to establish a cause of action.
The
measure now awaits consideration by the Senate.
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