431.082 Civil action by victim against defendant -- Damages -- Construction. (1) (2) In the event of the conviction of a defendant for the violation of any offense proscribed by KRS Chapter 510 or 531 or any human trafficking offense proscribed by KRS Chapter 529, the person who was the victim of the offense may bring an action in damages against the defendant in the criminal case. If the plaintiff prevails, he or she shall be entitled to attorney's fees and all other costs incurred in the bringing of the action, including but not limited to the services of expert witnesses, testing and counseling, medical and psychological treatment, and other expenses reasonably incurred as a result of the criminal act. (3) Any award of nominal damages shall support an award of attorneys fees and costs to the prevailing party. (4) Punitive damages as well as compensatory damages shall be awardable in cases brought under this section. (5) The provisions of this section shall not be construed as repealing any provision of KRS 431.080 or any other applicable statute or of any statutory or common law right of action but shall be construed as ancillary and supplemental thereto. Effective: June 25, 2013 History: Amended 2013 Ky. Acts ch. 25, sec. 22, effective June 25, 2013. -- Created 1998 Ky. Acts ch. 606, sec. 165, effective July 15, 1998.
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