2019 Arkansas Code
Title 16 - Practice, Procedure, and Courts
Subtitle 7 - Particular Proceedings and Remedies
Chapter 118 - Miscellaneous Actions
§ 16-118-116. Civil Actions for Unlawful Female Genital Mutilation
(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.
