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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:
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:
A ‘medical practitioner’ is a person authorised under the law to practise medicine.
An ‘authorised professional’ includes:
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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