2019 Arkansas Code
Title 16 - Practice, Procedure, and Courts
Subtitle 7 - Particular Proceedings and Remedies
Chapter 118 - Miscellaneous Actions
§ 16-118-109. Civil Cause of Action for Victims of Human Trafficking - Definition
(a) As used in this section, “victim of human trafficking” means the same as defined in § 5-18-102.
(b) An individual who is a victim of human trafficking may bring a civil action in any appropriate state court.
(c) The court may award actual damages, compensatory damages, punitive damages, injunctive relief, or any other appropriate relief.
(d) A prevailing plaintiff shall also be awarded attorney's fees and costs.
(e) Three (3) times actual damages shall be awarded on proof of actual damages when a defendant's acts were willful and malicious.
(f)
(1) A statute of limitation period imposed for the filing of a civil action under this section will not begin to run until the plaintiff discovers that the human trafficking incident occurred and that the defendant caused, was responsible for, or profited from the human trafficking incident.
(2) If the plaintiff is a minor, the limitation period will not begin until he or she is eighteen (18) years of age.
(3) If the plaintiff is under a disability at the time the cause of action accrues so that it is impossible or impracticable for him or her to bring an action, the time of the disability will not be part of the time limited for the commencement of the action.
(4) If the plaintiff is subject to threats, intimidation, manipulation, or fraud perpetrated by the defendant or by any person acting in the interest of the defendant, the time period during which the threats, intimidation, manipulation, or fraud occurred will not be part of the statute of limitations for the commencement of this action.
(5) A defendant is estopped to assert a defense of the statute of limitations when the expiration of the statute of limitations is due to conduct by the defendant that induced the plaintiff to delay the filing of the action or placed the plaintiff under duress.
