“Female genital mutilation is a
sickening offence that can have a serious lifelong physical and
emotional impact on victims.”
Suspects accused of allowing female genital mutilation to be carried
out can face prosecution in the United Kingdom, regardless of where in
the world the procedure took place, says the Crown Prosecution
Service.
Following on from the first-ever UK conviction for FGM in February
this year, which saw a woman sentenced to 11 years in prison for FGM
offences, the CPS said it had expanded its guidance to help
prosecutors and police successfully bring more perpetrators to
justice.
The refreshed guidance also gives clarity on the line between
so-called “designer vagina” operations and FGM to guide prosecutors,
given the rise in popularity in these procedures.
Jaswant Narwal of the CPS said: “Female genital mutilation is a
sickening offence that can have a serious lifelong physical and
emotional impact on victims.
“We want to send a strong message that this crime does not have to be
carried out in the UK for people to be prosecuted by the CPS - we will
seek justice for people affected by this horrific practice. There is
no hiding place.
“We hope this new guidance will give victims, police, and prosecutors
the confidence and practical guidance they need to bring more
perpetrators of this traumatic abuse to justice.”
According to the CPS, the new guidance introduces a series of
practical updates that are informed by CPS’ experience prosecuting
these offences.
It includes extra guidance to investigators on which types of expert
evidence can be secured to help build a robust prosecution case to
bring before the courts, considering pathology, gynaecology, and
expert evidence of ritual and religion.
Furthermore, the guidance offers clarity on the position of genital
piercing and genital cosmetic surgery under FGM legislation.
"In theory, some cosmetic vaginal surgery, such as labiaplasty, could
fall under the definition of FGM provided for by the 2003 Act.
Although there have been no prosecutions, the guidance has been
updated to direct prosecutors to consider whether the medical
exceptions provided for by the 2003 Act apply in cases of labiaplasty
or piercing.
"If they do not, prosecutors should go on to consider public interest
factors, including the age of the victim, whether they provided fully
informed and free consent, the level of physical or mental harm caused
and the impact on the individual’s quality of life now and in the
future.
"The guidance confirms that piercing female genitalia will not usually
amount to FGM," a recent statement by the CPS disclosed.
It added that advice on ways to support victims of FGM through the
criminal justice system had also been updated.
It includes further direction on discussing Special Measures at an
early stage in all FGM cases where the victim is to give evidence, the
selection of interpreters who have a complete understanding of the
language and dialect of the victim and their culture, and that
cross-examination is performed in a sensitive manner.