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Ark. Code Ann. § 16-118-116

Civil actions for unlawful female genital mutilation

Acts 2019, No. 556, § 4.

(1) 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.

(2) A person who knowingly directs or assists another person to violate or attempt to violate § 5-14-136 is jointly liable under this section.

(3) A court may award to a prevailing party in an action brought under this section one (1) or more of the following remedies: Compensatory damages, including treble damages if the defendant is shown to have acted willfully and maliciously;

(4) Punitive damages;

(5) Costs and fees, including reasonable attorney's fees; or

(6) Any other appropriate relief as provided by law.

(7) 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.

(8) The burden of proof under a cause of action under this section is preponderance of the evidence.

(9) The doctrine of forum non conveniens does not apply to a claim arising under this section.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.