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16-118-116. Civil actions for unlawful female genital mutilation.
Arkansas Code — all titles (historical 2020) · legal_authorities
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.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-118-116
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:16-118-116
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 5883fb607317076a6719ce18efc632490bda098de5f154f79b1059dd74a9f0a2
Source location: content.xml paragraph 48659
Stored source content
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.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-14-136. Unlawful female genital mutilation of a minor.
(a) As used in this section, “female genital mutilation” means a procedure that involves the partial or total removal of the external female genitalia or any procedure harmful to the female genitalia, including without limitation:
(1) A clitoridectomy;
(2) The partial or total removal of the clitoris or the prepuce;
(3) The excision or the partial or total removal of the clitoris and the labia minora, with or without excision of the labia majora;
(4) The infibulation or the narrowing of the vaginal orifice with the creation of a covering seal by cutting and appositioning the labia minora or the labia majora, with or without excision of the clitoris;
(5) Pricking, piercing, incising, scraping, or cauterizing the genital area; or
(6) Any other action to purposely alter the structure or function of the female genitalia for a nonmedical reason.
(b) A person commits the offense of unlawful female genital mutilation of a minor if he or she:
(1) Knowingly performs female genital mutilation on a minor;
(2) Is a parent or guardian or has immediate custody or control of a minor and knowingly consents to, permits, or facilitates female genital mutilation of the minor; or
(3) Knowingly removes or causes, permits, or facilitates the removal of a minor from this state for the purpose of facilitating the female genital mutilation of the minor.
(c) Unlawful female genital mutilation of a minor is a Class C felony.
(d) It is not a defense under this section that:
(1) The unlawful conduct is required as a matter of religion, custom, ritual, or standard practice; or
(2) The minor's parent or guardian consented to the female genital mutilation.
(e) It is not a violation of this section if the acts or c
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-14-136
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-14-136. This identifies an authority to review, not proof of applicability.