Landmark first conviction of it’s kind for female genital mutilation (FGM)

In an interesting development, on 9th September 2024, The Crown Prosecution Service (CPS) secured a landmark first conviction of it’s kind for female genital mutilation (FGM). The defendant was found guilty of conspiracy to commit female genital mutilation.

The defendant, from Swansea, arranged for the child to travel from the UK to Iraq, to be subjected to FGM and forced into marriage. The plan was uncovered by a witness who arranged for the child to be brought back to the UK and reported the defendant to the police. This case was unusual as the CPS needed to demonstrate that a crime had been committed in England and Wales, whilst also proving that FGM is a criminal offence in Iraq, given that the defendant’s legal team argued for dismissal. The defendant will be sentenced at Nottingham Crown Court on the 3rd October 2024.

The Female Genital Mutilation Act 2003 protects victims of FMG, and makes it illegal to:

1. Perform FGM in the UK.
2. Help or arrange for anyone to carry out FGM abroad on girls who are British Nationals or UK residents.
3. Help a girl to carry out FGM on herself.
4. Fail to protect a girl under 16 who is known to be at risk of FGM.

The offence carries a penalty of up to 14 years in prison.

FGM is also called ‘female cutting,’ or ‘female circumcision.’ It is when a female’s genitals are deliberately altered or removed for non-medical reasons. There are 4 types of FGM:

1. Type 1: part or total removal of the clitoris or clitoral hood.
2. Type 2: part or total removal of the clitoris and the labia minor.
3. Type 3: narrowing of the vaginal opening.
4. Type 4: all other harmful procedures to the female genitalia for non-medical purposes.

The family system has seen multiple cases of this kind for many years, and the consequences are life altering to these children. This conviction sends a further strong message to those conspiring to commit such acts that there will be consequences, should the legal test be met. This case follows the February conviction for an aunt in north-west London, who was jailed for seven years for assisting a non-UK person to carry out the procedure overseas 18 years ago. She was the first person to be convicted of taking someone to another country for FGM and the second in the UK to be convicted under the FGM Act 2023.

All victims of FGM, including conspiracy to commit FGM, and forced marriage offences are quite rightly, entitled to lifelong anonymity.

For more advice on FGM or FMPO matters, please contact our specialist team at Cartwright King Solicitors headed by Ravi Mahey, Director.