Female Genital Mutilation (FGM)

Question 1

What is Female Genital Mutilation (FGM)?

Answer 1

Occurs when part of all of the external female genitalia are removed or injured for no medical reason.

It is usually performed before puberty starts.

Question 2

What is Female Genital Mutilation (FGM) a violation of?

Answer 2

Human rights, particularly the rights to health, security and physical integrity, and the right to be free from torture and cruel, inhumane or degrading treatment.

Question 3

What is the punishment for Female Genital Mutilation (FGM)?

Answer 3

Punishable with a max 14 years imprisonment (Female Genital Mutilation Act 2003 (FGMA) and ss 70-75 of the Serious Crime Act 2015).

Question 4

What are the offences listed in the Female Genital Mutilation Act 2003?

Answer 4

Carrying out FGM (s 1)
Assisting a girl with carrying out FGM on herself (s 2)
Assisting a non-UK person outside the UK to perform FGM on a UK person (s 3)
Failing to protect a girl from FGM (s 3A)

Question 5

What is notable in terms of punishment for Female Genital Mutilation (FGM) if the victim is under 16?

Answer 5

The persons responsible for her (parent or someone assuming temporary responsibility) are committing an offence of failing to protect her, with maximum penalty of 7 years imprisonment (s 3A of the FGMA).

Question 6

Indicators that FGM has occurred include…

Answer 6

Absences from school and noticeable changes in behaviour when girl returns (e.g not sitting up straight, complaining of pain, being secretive).

Question 7

Should the anonymity of the victim be preserved?

Answer 7

Yes, for life. Information that could allow members of the public to identify her must not be published. Any breach of this prcinple is punishable with a fine (s 4A and Sch 1 to the FMGA).

Question 8

What are FGM Protection orders (FGMPO)?

Answer 8

These are issue to protect girls at risk of Female Genital Mutilation (FGM) (s 5a and Sch 2 to the FGMA and the Serious Crime Act 2015).

They can also be used for girls who have already suffered it as they may be threatened by other witnesses in an investigation into FGM.

Applications can be made to the high court or a family law court by the victim, local authorities, or a third party authorised by the court (e.g police, teacher, friend etc).

Question 9

What happens when you breach an FGMPO?

Answer 9

Penalty is up the 12 months imprisonment if tried summarily and 5 years on indictment