Offence to Perform Female Genital Mutilation
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Have you been charged with Performing Female Genital Mutilation?
Section 32 of the Crimes Act 1958 (“CA”) makes it a serious criminal offence to perform female genital mutilation (FGM) on any person, regardless of age. The law specifically targets both the act of performing FGM on children and adults, recognising the harmful and irreversible nature of the procedure.
Female genital mutilation involves altering or injuring the female genital organs for non-medical reasons and is widely recognised as a violation of human rights. This legislation imposes a maximum penalty of 15 years imprisonment for anyone convicted of performing such an act.
What the Prosecution Must Prove:
For a conviction under this section, the prosecution must prove beyond a reasonable doubt that:
- 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.
- 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.
- 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.
Penalties for genital mutilation:
Level 4 imprisonment being a maximum of 15 years.
Where will my case be heard?
The offence to perform female genital mutilation cases can ONLY be heard in the County Court or Supreme Court of Victoria.
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 is essential in navigating the complexities of the law and preparing a robust defence
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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 charged with the offence of genital mutilation, you will face a criminal trial where you could face up to 15 years imprisonment if convicted. Given the gravity of the charge, it is crucial to contact an experienced criminal defence lawyer immediately to explore possible defences and mitigate the impact of the charges. An expert lawyer will represent you and instruct you throughout the court process. They will advise you of what defences are available and whether you should plead guilty or not. Do not delay, call 1800 130 120 for confidential expert advice today.
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