Take a Person from the State with Intention of Having Prohibited Female Genital Mutilation Performed
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What does it mean to have been charged with the Offence to Take a Person from the State with the Intention of Having Prohibited Female Genital Mutilation Performed?
Section 33 of the Crimes Act 1958 (“CA”) makes it a criminal offense to take or arrange for another person to be taken out of the state with the intention of subjecting that person to prohibited female genital mutilation (FGM).
The act of taking someone across state lines or making such arrangements with the purpose of facilitating FGM is punishable by up to 15 years of imprisonment.
FGM refers to procedures that intentionally alter or cause injury to the female genital organs for non-medical reasons, and it is considered a serious crime under Australian law, reflecting the state’s strong stance against this practice.
What the Prosecution Must Prove:
In order to secure a conviction under this offense, the prosecution must prove the following elements beyond a reasonable doubt:
- You took another person out of the state or arranged for them to be taken.
- You did so with the intention of having prohibited female genital mutilation performed on that person.
- The person was subjected to prohibited female genital mutilation while outside the state.
Definition of Female Genital Mutilation (FGM) According to the Law:
Female genital mutilation (FGM) is legally defined as any procedure that involves the partial or total removal of the external female genitalia or injury to the female genital organs for non-medical reasons. Under the law, FGM can include various forms of cutting, removing, or altering parts of the female genitalia, often performed as a cultural, religious, or traditional practice.
According to Australian laws, particularly in states like Victoria under the Crimes Act, FGM is explicitly prohibited regardless of cultural or religious reasons, and the procedure is deemed a violation of human rights. The law outlines specific types of actions that fall under this category:
- Clitoridectomy: Partial or total removal of the clitoris.
- Excision: Removal of the clitoris and the labia minora, with or without the labia majora.
- Infibulation: Narrowing of the vaginal opening by creating a seal, often through cutting and repositioning the labia.
- Other Harmful Procedures: Any other harmful procedure that involves pricking, piercing, incising, scraping, or cauterising the female genitalia.
These procedures are considered FGM when carried out without medical necessity and are punishable by law, with penalties of up to 15 years imprisonment in Victoria. The focus of the law is to prevent harm and protect individuals from unnecessary and harmful alterations to their genitalia.
Penalties for genital mutilation:
Level 4 imprisonment being a maximum of 15 years.
Where will my case be heard?
The offence to take a person from the state with the intention of having prohibited female genital mutilation performed cases can ONLY be heard in the County Court or Supreme Court of Victoria.
Factors and defences to consider:
- Did you intend for female genital mutilation (FGM) to be performed on the person when you took or arranged for them to be taken out of the state?
- Were you involved in organising or facilitating the travel for someone else with the purpose of having FGM performed?
- Were you acting independently, or were others involved in arranging for the individual to be taken out of the state?
- What were the surrounding circumstances of this offence?
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Offence to Perform Female Genital Mutilation
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Intention of Having Prohibited Female Genital Mutilation Performed
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Sexual Activity with the Corpse of Human Being
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Rape or Rape by Compelled Penetration
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Sexual Assault
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Sexual Assault by Compelling Sexual Touching
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Assault with Intent to Commit a Sexual Offence
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Threat to Commit a Sexual Offence
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Procuring Sexual Act by Threat or Procuring Sexual Act by Fraud
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Administration of an Intoxicating Substance for a Sexual Purpose
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Failing to Comply with Sex Offender Reporting
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Abduction or Detention for a Sexual Purpose
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Furnishing False or Misleading Information
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Indecent Act with a Child Under the Age of 16
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Sexual Activity Directed at Another Person
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Sexual Penetration of a Child Under the Age of 12
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Sexual Penetration of a Child Aged 16 or 17 Under Care, Supervision, or Authority
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Sexual Assault of a Child Aged 16 or 17 Under Care, Supervision, or Authority
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Sexual Activity in the Presence of a Child Aged 16 or 17 Under Care, Supervision or Authority
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Causing a child aged 16 or 17 under care, supervision, or authority to be present during sexual activity
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Persistent Sexual Abuse of a Child Under the Age of 16
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Encouraging a Child Aged 16 or 17 Under Care, Supervision or Authority to Engage in, or Be Involved in, Sexual Activity
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Grooming for Sexual Conduct with a Child under the Age of 16
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Loitering Near Schools Etc by a Sexual Offender
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Failure by a Person in Authority to Protect a Child from a Sexual Offence
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Abduction or Detention of a Child Under the Age of 16 for a Sexual Purpose
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Causing or Allowing a Sexual Performance Involving a Child
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Inciting or Offering a Sexual Performance Involving a Child
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Facilitating a Sexual Offence Against a Child
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Sexual Penetration of a Child or Lineal Descendent
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Sexual Penetration of a Stepchild
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Sexual Penetration of a Parent, Lineal Ancestor or Stepparent
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Sexual Penetration of a Sibling or Half-Sibling
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Sexual Offences Against People with Impaired Mental Functioning (Repealed 2016)
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Child in the Production of Child Abuse Material
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Distributing Child Abuse Material
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Administering a Website Used to Deal With Child Abuse Material
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Accessing Child Abuse Material
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Assisting a Person to Avoid Apprehension
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Sexual Assault of a Person with Cognitive Impairment or Mental Illness
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Using Force, Threat etc. to Cause Another Person to Provide Commercial Sexual Services
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Causing Another Person to Provide Commercial Sexual Services in Circumstances Involving Sexual Servitude
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Aggravated Sexual Servitude
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Deceptive Recruiting for Commercial Sexual Services
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Bestiality
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Child Stealing
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Bigamy
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Abortion Performed by Unqualified Person
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Concealing the Birth of a Child
What happens next?
If you are charged under Section 33 for taking or arranging for someone to be taken out of the state with the intention of performing female genital mutilation (FGM), the legal process will begin with your arrest and formal charges.
You will be required to appear in court for a bail hearing or formal appearance. From there, the pre-trial process involves your lawyer reviewing the evidence, assessing whether the prosecution can prove intent, and possibly negotiating a plea deal. If the case proceeds to trial, the prosecution must prove beyond a reasonable doubt that you intended to facilitate FGM. If convicted, you could face up to 15 years in prison. If acquitted, the charges will be dismissed. Engaging a criminal defence lawyer as early as possible is crucial to building a defence.
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