Civil actions for unlawful female genital mutilation

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  1. (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.

  2. (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.

  3. (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. (1) Compensatory damages, including treble damages if the defendant is shown to have acted willfully and maliciously;

    2. (2) Punitive damages;

    3. (3) Costs and fees, including reasonable attorney's fees; or

    4. (4) Any other appropriate relief as provided by law.

  4. (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.

  5. (e) The burden of proof under a cause of action under this section is preponderance of the evidence.

  6. (f) The doctrine of forum non conveniens does not apply to a claim arising under this section.


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