§ 16-118-116 — Civil actions for unlawful female genital mutilation

Arkansas § 16-118-116

• Jurisdiction: Arkansas
• Title: 16

Text

(a) A person who knowingly commits or attempts to commit unlawful female genital mutilation of a minor as described in § 5-14-136 is liable to the victim of the unlawful female genital mutilation. (b) A person who knowingly directs or assists another person to violate or attempt to violate § 5-14-136 is jointly liable under this section. (c) A court may award to a prevailing party in an action brought under this section one (1) or more of the following remedies: (1) Compensatory damages, including treble damages if the defendant is shown to have acted willfully and maliciously; (2) Punitive damages; (3) Costs and fees, including reasonable attorney's fees; or (4) Any other appropriate relief as provided by law. (d) A cause of action under this section may be brought by a victim of an unlawful female genital mutilation, or her estate, at any point before the victim reaches or would have reached twenty-eight (28) years of age. (e) The burden of proof under a cause of action under this section is preponderance of the evidence. (f) The doctrine of forum non conveniens does not apply to a claim arising under this section.

Legislative History

Amended by Act 2019, No. 556,§ 4, eff. 3/26/2019.