§ 8.01-42.5.Civil action for female genital mutilation.
Chapter 3. Actions · Article 3. Injury to Person or Property · Last amended 2017 · Last verified July 16, 2026
Full Text of § 8.01-42.5
Plain-English Summary
Subsection A lets a person injured by an individual who engaged in conduct prohibited under § 18.2-51.7 sue for compensatory damages, punitive damages, and reasonable attorney fees and costs, whether or not the individual has been charged with or convicted of the violation.
Subsection B allows suit up to ten years after the later of the date of the last act in violation of § 18.2-51.7 or the date the person turned 18, giving a survivor mutilated as a child a full decade measured from adulthood when that date falls later than the date of the last violating act.
Frequently Asked Questions
Does this section require the perpetrator to be criminally prosecuted first?
No. The civil action applies whether or not the individual has been charged with or convicted of the alleged violation of § 18.2-51.7.
What can a survivor recover under this section?
Compensatory damages, punitive damages, and reasonable attorney fees and costs.
How long does a survivor have to file a civil claim?
Up to ten years after the later of the date of the last violating act or the date the survivor turned 18.
If the mutilation happened during childhood, when does the ten-year clock start?
From whichever is later — the date of the last violating act or the survivor’s eighteenth birthday — so a survivor mutilated as a young child gets ten years measured from turning 18.
What criminal statute defines the conduct this civil action is based on?
§ 18.2-51.7, Virginia’s criminal statute addressing female genital mutilation.
Amendment History
2017, c. 667.