Take a Person from the State with Intention of Having Prohibited Female Genital Mutilation Performed

What the Prosecution Must Prove:

In order to secure a conviction under this offence, the prosecution must prove the following elements beyond a reasonable doubt:

1. You took another person out of the state or arranged for them to be taken.
2. You did so with the intention of having prohibited female genital mutilation performed on that person.
3. 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.

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?