PART 5Protection of children and others
Female genital mutilation
72Offence of failing to protect girl from risk of genital mutilation
1
The Female Genital Mutilation Act 2003 is amended as follows.
2
After section 3 insert—
3AOffence of failing to protect girl from risk of genital mutilation
1
If a genital mutilation offence is committed against a girl under the age of 16, each person who is responsible for the girl at the relevant time is guilty of an offence.
This is subject to subsection (5).
2
For the purposes of this section a person is “responsible” for a girl in the following two cases.
3
The first case is where the person—
a
has parental responsibility for the girl, and
b
has frequent contact with her.
4
The second case is where the person—
a
is aged 18 or over, and
b
has assumed (and not relinquished) responsibility for caring for the girl in the manner of a parent.
5
It is a defence for the defendant to show that—
a
at the relevant time, the defendant did not think that there was a significant risk of a genital mutilation offence being committed against the girl, and could not reasonably have been expected to be aware that there was any such risk, or
b
the defendant took such steps as he or she could reasonably have been expected to take to protect the girl from being the victim of a genital mutilation offence.
6
A person is taken to have shown the fact mentioned in subsection (5)(a) or (b) if—
a
sufficient evidence of the fact is adduced to raise an issue with respect to it, and
b
the contrary is not proved beyond reasonable doubt.
7
For the purposes of subsection (3)(b), where a person has frequent contact with a girl which is interrupted by her going to stay somewhere temporarily, that contact is treated as continuing during her stay there.
8
In this section—
“genital mutilation offence” means an offence under section 1, 2 or 3 (and for the purposes of subsection (1) the prosecution does not have to prove which section it is);
“parental responsibility”—
- a
in England Wales, has the same meaning as in the Children Act 1989;
- b
in Northern Ireland, has the same meaning as in the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2));
“the relevant time” means the time when the mutilation takes place.
3
In section 4 (extension of sections 1 to 3 to extra-territorial acts)—
a
in the heading, for “3” substitute “3A” and after “
acts
”
insert “
or omissions
”
;
b
after subsection (1) insert—
1A
An offence under section 3A can be committed wholly or partly outside the United Kingdom by a person who is a United Kingdom national or a United Kingdom resident.
4
In section 5 (penalties for offences)—
a
for “A person guilty of an offence under this Act” substitute—
1
A person guilty of an offence under section 1, 2 or 3
b
at the end insert—
2
A person guilty of an offence under section 3A is liable—
a
on conviction on indictment, to imprisonment for a term not exceeding seven years or a fine (or both),
b
on summary conviction in England and Wales, to imprisonment for a term not exceeding 12 months or a fine (or both),
c
on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both).