Offence to Perform Female Genital Mutilation

What the Prosecution Must Prove:

For a conviction under this section, the prosecution must prove beyond a reasonable doubt that:

1. You performed or were involved in the performance of female genital mutilation: this includes any type of procedure that falls under the definition of FGM as outlined in the law.
2. The act was done on a child (under subsection 1) or an adult (under subsection 2). This distinction is important as both scenarios carry the same level of penalty.
3. There was no lawful excuse or medical necessity. FGM is not justified by cultural, religious, or traditional reasons and can only be legally performed if medically necessary for the person’s health.

The prosecution must also demonstrate that you had knowledge or intention to perform FGM, knowing that the procedure is unlawful.

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.

Factors and defences to consider:

• Did you cause genital mutilation on a child or woman without a lawful reason?
• Were you coerced, threatened or under duress when this occurred?
• What were the surrounding circumstances of this case?

Given the severity of this charge, it is crucial to engage with a criminal defence lawyer as soon as possible. A lawyer can help tailor a defence strategy that addresses the specific circumstances of your case and provides the best possible outcome. FGM is considered a serious crime with significant legal consequences, and early legal advice from our sexual offence lawyers is essential in navigating the complexities of the law and preparing a robust defence