§ 23-4.12-4 - Civil remedies. - Rhode-island Statutes

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Statutes > Rhode-island > Title-23 > Chapter-23-4-12 > 23-4-12-4

SECTION 23-4.12-4

§ 23-4.12-4 Civil remedies. – (a) The woman upon whom a partial birth abortion has been performed inviolation of § 23-4.12-2, the father of the fetus or infant, and thematernal grandparents of the fetus or infant, and the maternal grandparents ofthe fetus or infant if the mother has not attained the age of eighteen (18)years at the time of the abortion, may obtain appropriate relief in a civilaction, unless the pregnancy resulted from the plaintiff's criminal conduct orthe plaintiff consented to the abortion.

(b) The relief shall include:

(1) Money damages for all injuries, psychological andphysical, occasioned by the violation of this chapter; and

(2) Statutory damages equal to three (3) times the cost ofthe partial birth abortion.

(c) If judgment is rendered in favor of the plaintiff in anaction described in this section, the court shall also render judgment for areasonable attorney's fee in favor of the plaintiff against the defendant. Ifthe judgment is rendered in favor of the defendant and the court finds that theplaintiff's suit was frivolous and brought in bad faith, the court shall alsorender judgment for a reasonable attorney's fee in favor of the defendantagainst the plaintiff.

State Codes and Statutes

Statutes > Rhode-island > Title-23 > Chapter-23-4-12 > 23-4-12-4

SECTION 23-4.12-4

§ 23-4.12-4 Civil remedies. – (a) The woman upon whom a partial birth abortion has been performed inviolation of § 23-4.12-2, the father of the fetus or infant, and thematernal grandparents of the fetus or infant, and the maternal grandparents ofthe fetus or infant if the mother has not attained the age of eighteen (18)years at the time of the abortion, may obtain appropriate relief in a civilaction, unless the pregnancy resulted from the plaintiff's criminal conduct orthe plaintiff consented to the abortion.

(b) The relief shall include:

(1) Money damages for all injuries, psychological andphysical, occasioned by the violation of this chapter; and

(2) Statutory damages equal to three (3) times the cost ofthe partial birth abortion.

(c) If judgment is rendered in favor of the plaintiff in anaction described in this section, the court shall also render judgment for areasonable attorney's fee in favor of the plaintiff against the defendant. Ifthe judgment is rendered in favor of the defendant and the court finds that theplaintiff's suit was frivolous and brought in bad faith, the court shall alsorender judgment for a reasonable attorney's fee in favor of the defendantagainst the plaintiff.

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State Codes and Statutes

Statutes > Rhode-island > Title-23 > Chapter-23-4-12 > 23-4-12-4

SECTION 23-4.12-4

§ 23-4.12-4 Civil remedies. – (a) The woman upon whom a partial birth abortion has been performed inviolation of § 23-4.12-2, the father of the fetus or infant, and thematernal grandparents of the fetus or infant, and the maternal grandparents ofthe fetus or infant if the mother has not attained the age of eighteen (18)years at the time of the abortion, may obtain appropriate relief in a civilaction, unless the pregnancy resulted from the plaintiff's criminal conduct orthe plaintiff consented to the abortion.

(b) The relief shall include:

(1) Money damages for all injuries, psychological andphysical, occasioned by the violation of this chapter; and

(2) Statutory damages equal to three (3) times the cost ofthe partial birth abortion.

(c) If judgment is rendered in favor of the plaintiff in anaction described in this section, the court shall also render judgment for areasonable attorney's fee in favor of the plaintiff against the defendant. Ifthe judgment is rendered in favor of the defendant and the court finds that theplaintiff's suit was frivolous and brought in bad faith, the court shall alsorender judgment for a reasonable attorney's fee in favor of the defendantagainst the plaintiff.