In the first case of its type, the Crown Prosecution Service (CPS) recently announced that it is prosecuting two men for the crime of Female Genital Mutilation (FGM) – nearly thirty years after the offence was originally introduced into England and Wales.
Background to the offence
FGM has been a specific criminal offence in England and Wales since 1985, when the Prohibition of Female Circumcision Act was passed.
This Act was replaced in England, Wales and Northern Ireland by the Female Genital Mutilation Act 2003, which made it a crime for UK nationals or permanent UK residents to carry out FGM abroad, or to aid, abet, counsel or procure the carrying out of FGM abroad, even in countries where the practice is legal.
The Act also increased the maximum penalty that can be imposed for the offences, from five years to fourteen years imprisonment.
However, despite the length of time that FGM has been a criminal offence, no prosecutions have taken place until now.
Two men to be prosecuted
The prosecutions were announced last week by Alison Saunders, Director of Public Prosecutions, and relate to a patient who gave birth at the Whittington Hospital in London in November 2012. After the birth, says the CPS, a doctor at the hospital, Dr Dhanuson Dharmasena, allegedly repaired FGM that had previously been performed on the patient.
After considering the evidence, the CPS decided that there was sufficient evidence and that it would be in the public interest to prosecute Dr Dharmasena for an offence contrary to S1 (1) of the Female Genital Mutilation Act (2003).
A second man, Hasan Mohamed, is to be prosecuted on charges of intentionally encouraging an offence of FGM, contrary to section 44(1) of the Serious Crime Act (2007), and of aiding, abetting, counselling or procuring Dr Dharmasena to commit an offence contrary to S1 (1) of the Female Genital Mutilation Act (2003).
Both men are scheduled to appear at Westminster Magistrates’ Court on 15th April.
Insufficient evidence in other cases
According to the CPS, no further action is to be taken on an additional new case and three previous cases that were under review – because there is not enough evidence to demonstrate a realistic prospect of conviction in any of them.
Experts highlight the difficulty of obtaining evidence as one of the main reasons why there have been no previous FGM prosecutions. As Vera Baird QC, Police and Crime Commissioner for Northumbria, said in her written submission to the current Home Affairs Committee Inquiry into the issue:
“Prosecution relies heavily on victims disclosing what has happened to them or is about to happen to them and as most victims of FGM have grown up in a culture that makes them believe that this act is a good thing and makes them clean they are unlikely to come forward and disclose.”
In her written evidence Faye Blunstone, Community Safety coordinator at Bucks County Council, added:
“FGM is predominantly carried out on young girls by, or under instruction, of members of her family. Expecting young girls to report on their loved ones, when FGM is presented to them as an important part of their lives and essential in being accepted in their community, is unrealistic without effective education and awareness raising.”
Inquiry into FGM
The Home Affairs Committee Inquiry has been underway since December last year. It has a wide remit, including consideration of the effectiveness of the existing legislative framework on FGM, and the barriers to achieving a successful prosecution in the UK.
We can expect to hear a lot more about FGM prosecutions in the future.
Contact Lewis Nedas’ Criminal Lawyers in London
For specialist criminal defence advice please contact our solicitors Jeffrey Lewis or Siobhain Egan on 020 7387 2032 or complete our online enquiry form here.
This blog post is intended as a news item only – no connection between Lewis Nedas and the parties concerned is intended or implied.