Female Genital Mutilation
Female Genital Mutilation is an offence under Section 45 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 excised, infibulated or otherwise mutilated the whole or any part of the labia majora, labia minora or clitoris of another person, or
- You aided, abetted, counselled or procured another person to do so
The fact the other person consented 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.
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