Removing a Person from the State for Female Genital Mutilation is an offence under section 45A of the Crimes Act 1900 which carries a maximum penalty of 21 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You took or arranged for a person to be taken outside NSW, and
- You intended by doing so to have female genital mutilation performed on the person
‘Female genital mutilation’ is defined as:
Excising, infibulating or otherwise mutilating the whole or any part of the labia majora, labia minora or clitoris of another person.
If the prosecution proves you took or arranged for a person to be taken outside the state and the person was then subjected to female genital mutilation, it is presumed you intended for the procedure to occur unless you are able to prove ‘on the balance of probabilities’ that this was not your intention.
The fact the other person consented to the procedure is not a defence to the charge.
It is not an offence to perform a surgical operation which causes female genital mutilation where:
- It is done by a medical practitioner and is necessary for the medical welfare of the other person, or
- It is done by a medical practitioner or authorised professional on a person in labour or who just gave birth and is connected with that labour or birth, or
- It is done by a medical practitioner and is a sexual reassignment procedure
A ‘medical practitioner’ is a person authorised under the law to practise medicine.
An ‘authorised professional’ includes:
- A registered midwife
- A midwifery student, and
- A medical student
A ‘sexual reassignment procedure’ is that which alters the genital appearance to that of the opposite sex.
Duress is a defence to the charge.
If you are going to court for Removing Person from State for Female Genital Mutilation, call Sydney Criminal Lawyers 24/7 on (02) 9261 8881 to arrange a free first conference with an experienced defence lawyer who will advise you of your options and the best way forward, and fight to secure the optimal outcome.
Read on for more information.
Section 45A of the Crimes Act 1900 deals with the offence of ‘Removing Person from State for Female Genital Mutilation’ and reads as follows:
45A Removing Person from State for Female Genital Mutilation
(1) A person is guilty of an offence if the person takes another person from the State, or arranges for another person to be taken from the State, with the intention of having female genital mutilation performed on the other person.
Maximum penalty: imprisonment for 21 years.
(2) In proceedings for an offence under subsection (1) and in the absence of proof to the contrary, it is to be presumed that the accused took another person, or arranged for another person to be taken, from the State with the intention of female genital mutilation being performed on the other person if it is proved that:
(a) the accused took the person, or arranged for the person to be taken, from the State, and
(b) female genital mutilation was performed on the person while outside the State.
(3) It is not a defence to a charge under this section that the person taken from the State consented to being so taken.
(4) In this section:
“female genital mutilation” means an act referred to in section 45 (1) (a), the performance of which would be an offence against that section if performed in the State.
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