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Arkansas Code Title 16. Practice, Procedure, and Courts § 16-118-116. Civil actions for unlawful female genital mutilation

Current as of March 28, 2024 | Updated by Findlaw Staff

(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.

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Cite this article: FindLaw.com - Arkansas Code Title 16. Practice, Procedure, and Courts § 16-118-116. Civil actions for unlawful female genital mutilation - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-16-practice-procedure-and-courts/ar-code-sect-16-118-116/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

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