76-5-704.  Civil cause of action.

(1)  An individual upon whom female genital mutilation was performed may bring a civil action in any court of competent jurisdiction for female genital mutilation any time within 10 years of:

criminal case

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Terms Used In Utah Code 76-5-704

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • female genital mutilation: means any procedure that involves partial or total removal of the external female genitalia, or any harmful procedure to the female genitalia, including:
(a) clitoridectomy;
(b) the partial or total removal of the clitoris or the prepuce;
(c) excision or the partial or total removal of the clitoris and the labia minora, with or without excision of the labia majora;
(d) 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;
(e) pricking, piercing, incising, or scraping, and cauterizing the genital area; or
(f) any other actions intended to alter the structure or function of the female genitalia for non-medical reasons. See Utah Code 76-5-701
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
    • (a)  the procedure being performed; or

    (b)  the victim’s 18th birthday.

    (2)  The court may award actual, compensatory, and punitive damages, and any other appropriate relief.

    (3)  A prevailing plaintiff shall be awarded attorney fees and costs.

    (4)  Treble damages may be awarded if the plaintiff proves the defendant‘s acts were willful and malicious.

    (5)  If a health care provider is charged and prosecuted for a violation of Section 76-5-702, Section 78B-3-416 may not apply to an action against the health care provider under this section.

    Amended by Chapter 181, 2022 General Session

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