§ 16-118-118 — Civil action for vulnerable victims of sexual abuse - Definitions

Arkansas § 16-118-118

• Jurisdiction: Arkansas
• Title: 16

Text

(a) As used in this section: (1) "Disability" means that a person was determined legally to have a disability or determined medically to have a disability by a medical or mental health provider at the time of the alleged wrongful conduct and was unable to give legal consent; (2) "Minor" means a person under eighteen (18) years of age; (3) "Sexual abuse" means the commission of one (1) or more of the following acts or offenses: (A) Rape, § 5-14-103 ; (B) Sexual assault in the first degree, § 5-14-124 ; (C) Sexual assault in the second degree, § 5-14-125 ; (D) Engaging children in sexually explicit conduct for use in a visual or print medium, § 5-27-303 ; (E) Transportation of minors for prohibited sexual conduct, § 5-27-305 ; (F) Use of children in sexual performances, § 5-27-401 et seq.; (G) Unlawful sexual contact with a vulnerable victim; and (H) Unlawful sexually explicit conduct with a vulnerable victim; (4) "Sexual contact" means the same as defined in § 5-14-101 ; (5) "Sexually explicit conduct" means the same as defined in § 5-27-302 ; and (6) "Vulnerable victim" means a person who was either a person with a disability, a minor, or both at the time he or she was a victim of sexual abuse. (b) (1) Notwithstanding any other statute of limitation or any other law that may be construed to reduce the statutory period set forth in this section, a vulnerable victim may bring a civil action against any party who committed sexual abuse against the vulnerable victim or whose tortious conduct caused the vulnerable victim to be a victim of sexual abuse. (2) Notwithstanding any other statute of limitation or any other law that may be construed to reduce the statutory period set forth in this section, a civil action similar to a civil action described in subdivision (b)(1) of this section, including a cause of action arising before, on, or after July 28, 2021, that was barred or dismissed due to a statute of limitation is revived, and the civil action may be commenced not earlier than six (6) months after and not later than thirty (30) months after August 1, 2023. (c) This section does not apply to a claim that has been litigated to finality on the merits in any court of competent jurisdiction before July 28, 2021. (d) The court may award actual damages, compensatory damages, punitive damages, injunctive relief, or any other appropriate relief in a civil action under this section.

Legislative History

Amended by Act 2023, No. 616,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 177,§ 17, eff. 8/1/2023. Added by Act 2021, No. 1036,§ 1, eff. 7/28/2021.