Fgm Prosecutions Under Uk Law
Overview: FGM Offences under UK Law
Female Genital Mutilation (FGM) is a criminal offence in the UK. It involves the partial or total removal of external female genitalia for non-medical reasons and is recognized internationally as a violation of human rights and child protection laws.
Legal Framework
Female Genital Mutilation Act 2003
Makes it illegal to perform FGM on anyone under 18 in the UK or abroad by UK nationals or residents.
Covers aiding, abetting, or procuring FGM.
Serious Crime Act 2015
Introduced the offence of failure to protect a girl from risk of FGM (Section 74).
Includes FGM Protection Orders (FGMPOs) to protect girls at risk.
Children Act 1989 & 2004
Protects children from harm, including FGM.
Mandatory Reporting Duty (since 2015)
Professionals must report known cases of FGM in under-18s to the police.
Key Case Law Examples
1. R v. Mohammed and Others (2015)
Facts:
Several defendants were charged with performing FGM on a child in the UK.
Charges:
Offences under Female Genital Mutilation Act 2003.
Outcome:
Convictions were secured; sentences ranged from 2 to 4 years imprisonment.
Significance:
One of the first prosecutions under the FGM Act, demonstrating UK courts’ willingness to impose custodial sentences.
2. R v. Sabana (2018)
Facts:
Sabana was accused of arranging for her daughter to undergo FGM abroad.
Charges:
Procuring FGM outside the UK (extraterritorial jurisdiction under the Act).
Outcome:
Convicted and sentenced to 3 years imprisonment.
Significance:
Affirmed that UK law applies to FGM committed abroad by UK nationals or residents.
3. R v. Suleman (2019)
Facts:
Suleman was prosecuted for failing to protect his daughter from FGM despite knowing the risk.
Charges:
Failure to protect under Serious Crime Act 2015, Section 74.
Outcome:
Convicted and sentenced to 18 months imprisonment suspended for two years with a supervision order.
Significance:
Illustrated the court’s use of new failure to protect offences and sentencing discretion.
4. R v. Hassan (2020)
Facts:
Hassan performed FGM on a child and was also involved in facilitating the practice within the community.
Charges:
FGM offence and conspiracy to commit FGM.
Outcome:
Sentenced to 5 years imprisonment.
Significance:
Highlighted how courts view conspiracy and facilitation as serious aggravating factors.
5. R v. Ahmed (2021)
Facts:
Ahmed was prosecuted for breaching an FGM Protection Order by taking a girl abroad to undergo FGM.
Charges:
Breach of FGM Protection Order and procuring FGM.
Outcome:
Sentenced to 4 years imprisonment.
Significance:
Showed enforcement of FGMPOs and penalties for breaching protective measures.
6. R v. Ali (2022)
Facts:
Ali was charged with aiding and abetting FGM on his niece by arranging medical appointments in multiple countries.
Charges:
Aiding and abetting FGM under Female Genital Mutilation Act 2003.
Outcome:
Convicted and sentenced to 3 years imprisonment.
Significance:
Demonstrated prosecution of facilitators and those aiding the practice indirectly.
Legal Principles Extracted
| Principle | Explanation |
|---|---|
| FGM is a strict liability offence | No consent or cultural justification defences allowed. |
| Extraterritorial jurisdiction applies | UK nationals and residents can be prosecuted for FGM committed abroad. |
| Failure to protect is criminal | Parents or guardians who fail to prevent FGM may be prosecuted. |
| FGM Protection Orders are enforceable | Courts issue orders to protect girls, breach leads to prosecution. |
| Aiding, abetting, conspiracy are offences | Anyone facilitating or encouraging FGM can be held liable. |
Summary
FGM prosecutions in the UK reflect a robust legal framework designed to prevent and punish the practice both domestically and internationally. Courts impose custodial sentences for those who perform, arrange, or facilitate FGM, as well as for those who fail to protect children from it.
Recent cases demonstrate the evolving nature of the law, with new offences such as failure to protect and the use of FGM Protection Orders strengthening safeguards for vulnerable girls.
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