UK Justice Minister - Damian Green
United Kingdom's Justice Minister - Damian Green has reiterated government's commitment to tackling and preventing the harmful and unacceptable practice of Female Genital Mutilation (FGM).
As part of the Serious Crime Bill announced today, the UK government took this commitment one step further by amending the Female Genital Mutilation Act 2003 to make it possible to prosecute a non-UK national when they are “habitually resident” in the country – the current law only applies to UK nationals and permanent UK residents.
According to the Minister, "The Government is committed to tackling and preventing the harmful and unacceptable practice of female genital mutilation.
"This is why we plan to extend the extra-territorial offences in the Female Genital Mutilation Act 2003, so that they cover habitual as well as permanent UK residents involved in offences of FGM committed abroad.
“Legislation alone cannot eradicate this terrible practice. But it is important that we change the law where necessary.”
The term ‘habitually resident’ covers a person's ordinary residence - as opposed to a short, temporary stay in a country or someone who is permanently resident.
A UK national or permanent resident found guilty of FGM faces a maximum penalty of 14 years imprisonment – this was increased from the original maximum penalty of five years imprisonment reflecting the seriousness of the offence. The law change will make this applicable to those who are habitually resident as well.
It will also be an offence for a UK national or habitual resident to assist a non UK resident to carry out FGM overseas on a girl who is habitually rather than only permanently resident in the UK. The change in law will do more to protect victims of FGM.
In both cases the Act will continue to apply to UK nationals.
This will do more to protect victims of this horrific act and ensure that those who enforce this inhumane act will face time behind bars.
The Crown Prosecution Service has highlighted a small number of cases where a prosecution for FGM committed abroad could not be brought because those involved were at the time of the offence, not permanent UK residents as defined in the Act.
These changes will mean that the 2003 Act can capture offences of FGM committed abroad by or against those who are habitually resident in the UK irrespective of whether they are subject to immigration restrictions.
Provided that the offence is committed at a time when the accused person and/or the victim is resident in this country, it should not matter whether or not they intend to live here indefinitely or whether they also live elsewhere.
The Crown Prosecution Service (CPS) can only consider prosecuting those cases of FGM which have been referred to it by the police. A number of significant factors affect the reporting of FGM, including cultural taboo, a lack of information from affected communities, and the age and vulnerability of the girls and women which prevent them from coming forward to report offences or to give evidence in court.
FGM involves procedures that include the partial or total removal of the external female genital organs for non-medical reasons. The practice is extremely painful and has serious health consequences both at the time when the mutilation is carried out and in later life.
It is estimated that nearly 66,000 women who have experienced FGM are living in England and Wales; and that over 20,000 girls in England and Wales are at risk of undergoing the procedure.
The age at which girls undergo FGM varies enormously according to the community. FGM is predominantly practised in Sub-Saharan and North-East African communities (e.g. Somalian, Sudanese), and to a lesser extent within Asian and Middle-Eastern communities. The procedure may be carried out when the girl is newborn, during childhood or adolescence, just before marriage or during the first pregnancy. However, the majority of cases of FGM are thought to take place between the ages of 5 and 8.
Female Genital Mutilation is illegal in the UK and has been a specific criminal offence since 1985.