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FGM/C and The Law

In England, Northern Ireland and Wales, the Female Genital Mutilation Act 2003 sets out the law surrounding FGM/C.

It is illegal to

  • Carry out FGM/C in the UK.

  • For UK nationals or permanent UK residents to perform FGM/C overseas.

  • For UK nationals or permanent UK residents to take their child abroad to have FGM/C carried out.

The maximum penalty for FGM/C is 14 years’ imprisonment.

Frequently Asked Questions

The type of cutting practised, the age at which it is carried out and the way in which it is done, vary according to a variety of factors. These include but are not lmited to:

  • The women or girls' ethnic group;

  • What country they are living in (whether in a rural or urban area);

  • Their socio-economic background.

The procedure is carried out at a variety of ages, ranging from shortly after birth to sometime during the first pregnancy. Although not always the case, it most commonly occurs between the ages of 0 to 15 years and the age is decreasing in some countries. The practice has been linked in some countries with rites of passage for women.

FGM/C is usually performed by traditional practitioners using a sharp object such as a knife, a razor blade or broken glass. There is also evidence of an increase in the performance of FGM/C by medical personnel. However, medicalisation of FGM/C has been denounced by the World Health Organisation.

There are different reasons for continuing FGM/C. From upholding the status of the community to maintaining her virginity, marriageability and bride price. From enhancing her beauty to increasing her husband’s sexual pleasure. These cultural, economic and religious justifications assume FGM/C benefits a girl as she transitions to womanhood.

FGM/C is often a tradition that is passed down through generations, meaning that parents often unquestioningly have their daughters cut because the community expects it.

Female genital mutilation/cutting (FGM/C) affects over 200 million women and girls around the world. It is a global issue that occurs in over 90 countries across Africa, Asia, the Middle East and within diaspora communities worldwide. However, only 30 countries report national data about how many girls and women have been cut.

There is no local authority in England & Wales that is free from FGM/C.

The law states that:

A person is guilty of an offence if he excises, infibulates or otherwise mutilates the whole or any part of a girl’s labia majora, labia minora or clitoris

This means that it is a criminal offence to carry out FGM/C. If you (the victim) live in the UK, then it is a criminal offence whether the procedure happens in the United Kingdom or abroad.

The law also states:

A person is guilty of an offence if he aids, abets, counsels or procures a person who is not a United Kingdom national or permanent United Kingdom resident to do a relevant act of female genital mutilation outside the United Kingdom

This means that it is a criminal offence to help or encourage or advise or arrange for any other person to perform FGM/C. If you (the victim) live in the United Kingdom, then it is an offence for anyone to arrange for the FGM/C to happen in the United Kingdom, or abroad.

It is also a criminal offence to help or encourage a girl or a woman to perform FGM/C on herself.

If you are aged under 16 then whoever is responsible for you or cares for you (such as your parents) must protect you from FGM/C. If you are a girl aged under 16 and you have been subjected to FGM/C then your main carer or whoever is responsible for you will be guilty of a criminal offence. This is a new law so your main carer will only be guilty of a criminal offence if the procedure happened after 3rd May 2015.

The criminal offence of FGM/C and the associated offences listed above are punishable by up to 14 years imprisonment, or a fine, or both.

It is not a criminal offence for a medical professional who is registered in the United Kingdom to perform an operation which is necessary for the health of a woman or girl. If the medical professional is registered outside the United Kingdom, the court will decide on the facts of that case whether it is a legitimate medical operation or whether a crime of FGM/C has been committed.

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