Female Genital Mutilation Act 2003
| Jurisdiction | UK Non-devolved |
| Citation | 2003 c. 31 |
(1) A person is guilty of an offence if he excises, infibulates or otherwise mutilates the whole or any part of a girl’s labia majora, labia minora or clitoris.a surgical operation on a girl which is necessary for her physical or mental health, ora surgical operation on a girl who is in any stage of labour, or has just given birth, for purposes connected with the labour or birth.in relation to an operation falling within subsection (2) (a) , a registered medical practitioner,in relation to an operation falling within subsection (2) (b) , a registered medical practitioner, a registered midwife or a person undergoing a course of training with a view to becoming such a practitioner or midwife.performs a surgical operation falling within subsection (2) (a) or (b) outside the United Kingdom, andin relation to such an operation exercises functions corresponding to those of an approved person.(5) For the purpose of determining whether an operation is necessary for the mental health of a girl it is immaterial whether she or any other person believes that the operation is required as a matter of custom or ritual.A person is guilty of an offence if he aids, abets, counsels or procures a girl to excise, infibulate or otherwise mutilate the whole or any part of her own labia majora, labia minora or clitoris. (1) A person is guilty of an offence if he aids, abets, counsels or procures a person who is not a United Kingdom national or it is done in relation to a United Kingdom national or it would, if done by such a person, constitute an offence under section 1.is a surgical operation falling within section 1(2) (a) or (b) , andis performed by a person who, in relation to such an operation, is an approved person or exercises functions corresponding to those of an approved person.(1) If a genital mutilation offence is committed against a girl under the age of 16, each person who is responsible for the girl at the relevant time is guilty of an offence.This is subject to subsection (5) .(2) For the purposes of this section a person is “responsible” for a girl in the following two cases.has parental responsibility for the girl, andhas frequent contact with her.is aged 18 or over, andhas assumed (and not relinquished) responsibility for caring for the girl in the manner of a parent.at the relevant time, the defendant did not think that there was a significant risk of a genital mutilation offence being committed against the girl, and could not reasonably have been expected to be aware that there was any such risk, orthe defendant took such steps as he or she could reasonably have been expected to take to protect the girl from being the victim of a genital mutilation offence.sufficient evidence of the fact is adduced to raise an issue with respect to it, andthe contrary is not proved beyond reasonable doubt.(7) For the purposes of subsection (3) (b) , where a person has frequent contact with a girl which is interrupted by her going to stay somewhere temporarily, that contact is treated as continuing during her stay there.(8) In this section—
- “ genital mutilation offence ” means an offence under section 1, 2 or 3 (and for the purposes of subsection (1) the prosecution does not have to prove which section it is) ;
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“parental responsibility”—
- (a) in England Wales, has the same meaning as in the Children Act 1989;
- (b) in Northern Ireland, has the same meaning as in the Children (Northern Ireland) Order 1995 ( S.I. 1995/755 (N.I. 2) ) ;
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