Civil actions for unlawful female genital mutilation

Ark. Code Ann. § 16-118-116 — under Miscellaneous Actions.

Ark. Code Ann. § 16-118-116

(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.

(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.