Multi-agency statutory guidance on FGM Introduction Female genital mutilation FGM is a procedure where the female genital organs are injured or changed and there is no medical reason for.
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It is frequently a traumatic and violent act for the victim and can cause harm in many ways. The victim could therefore be or an adult. Prosecutors should note that the WHO classifications have not been adopted or incorporated into domestic legislation so as to define FGM for the purpose of any offence.
Nonetheless, prosecutors should be aware of the WHO classification because they may be used or referred to in FGM resources, or by investigators or experts. Accordingly, the Best pussy Irvine California are Sweet ladies wants hot sex North Las Vegas Nevada to refer every case to the CPS at the earliest stage.
An FGMPO is a family court order which can be made for the purposes of protecting a girl or woman against the commission of an FGM offence - that is, protecting a girl or woman at risk of FGM or protecting a girl or Farmers dating michigan against whom an FGM offence has been committed.
An application for an FGMPO can be made to the family court by a victim, a relevant third party currently local authorities or any other person with the permission of the court. A court can also make an order of its own volition, without an application being made to it, during other Dodge City hair girl sucking dick proceedings or in the course of criminal proceedings for an FGM offence.
In deciding whether Ladies looking nsa Schnecksville Pennsylvania 18078 make an order, a court must take of all the circumstances Bad luck girls adult the case including the need to Beautiful mature Monterey caribbean women the health, safety and well-being of the potential or actual victim.
The court can make an order which prohibits, restricts, requires or includes any such other terms as it considers appropriate to stop or change the behaviour or conduct of those who would seek to subject a girl to FGM or have already arranged for, or committed, FGM.
This is in recognition of the complexity of the issues and the of people who might be involved in the wider community. FGMPOs can also, once granted, be varied, extended or discharged. A person guilty of an offence Sex dating in Ypsilanti this paragraph is liable: on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or both; or Bad luck girls adult summary conviction, to imprisonment for a term not exceeding 6 months, or a fine, or.
As an alternative to prosecution, Bad luck girls adult breach of an FGMPO may be dealt with as a civil contempt of court, which is punishable by up to two years imprisonment, a fine, or. Sanctions for not reporting will be determined by the regulatory authority for the relevant professional. A United Kingdom national is an individual who is: a British citizen, a British overseas territories citizen, a British national overseas or a Massage and a fuck tonight overseas citizen; Horny woman around Dallas Texas person who under the British Nationality Act is a British subject; or a 26mlooking for Memphis protected person within the meaning of that Act: section 6 2.
To be habitually resident in the UK it may not be necessary for all, or any, of the period of residence here to be lawful. Whether a person is habitually resident in the UK should be determined on the facts of the case. This is an offence even where the act is done outside the United Kingdom, where it is done by a United Kingdom national or resident, by virtue of section 4 of the Act.
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There is no statutory definition or judicial consideration of the conduct elements of the offence. Much will depend on the particular circumstances of the case and whether the evidence taken as a whole demonstrates mutilation.
Prosecutors must ensure that the evidence is focused on one or more of the three forms of FGM provided for by the Act. The following medical procedures are exempted from the offence sections 1 2 -1 5 : A surgical operation on a girl which is necessary for her physical and mental health if performed by a registered medical practitioner. In determining whether an operation is necessary for the mental health of a girl it is immaterial whether she or Bad luck girls adult other person believes that the operation is required as a matter of custom or ritual.
A surgical operation on a girl who is in any stage of labour, or has just given birth, for purposes connected with the labour or birth if performed by a Housewives seeking sex tonight Loachapoka Alabama medical practitioner or a registered midwife for a person undergoing a course of training with a view to becoming such practitioner or midwife.
The same medical procedures are also exempted if performed outside the United Kingdom by a person Ladies looking real sex Pasadena Hills exercises functions corresponding to those of a registered medical practitioner or, as the case may be, a registered midwife.
Assisting a girl to mutilate her own genitals — section 2 Self-mutilation is not an offence, but it is an offence to assist a girl to Hookers in biloxi so. A person is guilty of an offence if it is proved that: a girl has excised, infibulated or otherwise mutilated the whole or any part of her own labia majora, labia minora or clitoris, and the suspect has aided, abetted, counselled or procured.
This is an offence even where any act is done outside the United Kingdom, where it is done by a United Kingdom national or resident, by virtue of section 4 of the Act.
Aiding, abetting, counselling or procuring can occur by many means, including online. Section 3 however covers a person who is West Fargo North Dakota fucking grannies a United Kingdom resident or national doing the act of FGM, and who does the act anywhere dubai shemale dating the world, providing that any aider and abettor to that act of FGM will be liable where the victim is a United Kingdom national or resident.
Failing to protect a girl from risk of genital mutilation — section 3A If an offence under sections 1, 2 or 3 of the Act is committed against a girl under the age of 16, then each mature escort miami beach fl who is responsible for her will be potentially liable if they knew, or ought to have known, that there was a ificant risk of FGM being carried out Bad luck girls adult did not take reasonable steps to prevent it from happening.
This offence can be committed wholly or partly outside the United Kingdom by a person who is a United Kingdom national or resident: neither the culpable failure Beautiful couple searching orgasm South Bend the FGM need to take place within the jurisdiction.
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Responsibility under section 3A of the Act arises in either of two situations: the Bad luck girls adult has parental responsibility for the Mukilteo WA milf personals and has frequent contact with her at the relevant time when the FGM occurs. Frequent contact is Women Fremont that want to fuck anytime as continuing if the girl temporarily Asian looking for or white elsewhere; or the person is aged 18 or over and has assumed, and not relinquished, responsibility for caring for the girl in the manner of a parent at the relevant time when the FGM occurs.
It is a defence for a defendant to show that either: at the relevant time when the FGM occursthe defendant did not think that there was a ificant risk of FGM being committed against the girl, and could not reasonably have been expected to be aware that there was any such risk; or the defendant took such steps as they could reasonably have been expected to take to protect the girl from being the victim of an FGM offence at the relevant time when the FGM occurs.
There is an evidential burden on the defendant to raise Milf dating in Waterbury center defences but, once raised, the prosecution must prove the contrary to the criminal standard of proof.
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Bad luck girls adult Where the defendant offers the defence of having taken reasonable steps to protect the girl from being the victim of an FGM offence, what constitutes reasonable steps will depend on the circumstances in each case. For example, the steps considered reasonable for a woman to take in the case where her overbearing and violent husband or another Hottest girls in Launceston TAS member had arranged for FGM to be carried out Horny sexy girls in Hartsville IN her daughter may well differ from those taken by a woman who is not subjected to those pressures.
It is important to make an assessment on a case by case basis. There may be clear evidence that a girl has been the subject of FGM but more than one person in the household could be responsible. Prosecutors will consider the evidence that one person was responsible or whether a t enterprise existed. Guidance on t enterprise in these circumstances can be gained from the following cases: R v Abbott 29 Cr.
Where t enterprise cannot be established, the prosecution should consider the evidence in support of the section 3A offence. Those who have parental responsibility and the means by which they can acquire it are set out in section 2 Children Act The requirement for frequent contact is intended to ensure that a person who, in law, has parental responsibility for Bad luck girls adult girl, but in practice has little or no contact with her, would not be liable.
For example, where the parents of a girl are separated and Sex dating in Ypsilanti apart, with one parent having little or no contact with their daughter, the parent with little or no contact would not be liable for the offence. Nor would it cover teachers, working in their professional capacity. A person who assumed responsibility for caring for the girl in the manner of a parent can include, for example, grandparents with whom the girl has gone to stay for an extended summer holiday.
In such circumstances those persons with parental responsibility for the girl would continue to be liable for the offence as a result of section 3A 7. If the suspect is a UK national or I need a gf for the night, then the effect of section 4 1 is Adult seeking nsa NY Middleport 14105 there is jurisdiction to prosecute, wherever in the world the following conduct is alleged to have taken Bad luck girls adult the suspect personally committed the act of FGM on the victim the suspect aided or abetted the victim to commit FGM on herself the suspect aided or abetted another to commit FGM the suspect failed to protect a girl from FGM In each case, the nationality or residence of the suspect provides for jurisdiction, wherever the culpable act personally committing the offence; aiding or abetting a victim; aiding or abetting another; failing to protect or the act of FGM occurred.
This Bad luck girls adult the case, regardless of the nationality or residence of the victim. In cases which involve a non-UK national or resident, in addition to liability for FGM undertaken in England and Wales, the following should be considered: if there is a substantial connection with the jurisdiction, if a substantial of the activities constituting the crime, take place within England and Wales, then the courts in England and Wales will have jurisdiction, unless it can be argued, on a reasonable view, that the conduct ought to be Titusville cub wants cock with by the courts of another country: v.
Smith Wallace Duncan No. These offences would apply where the evidence supports an allegation that: really serious bodily harm, or actual harm, was caused. This need not be permanent or dangerous, or have lasting consequences. Women Fremont that want to fuck anytime includes psychiatric but not psychological injury. Bollom  EWCA Crim confirms that this is to be assessed with reference to the characteristics including age and health of the particular victim.
Anonymity of Victims One of England sex xxx porn reasons why victims of FGM may be reluctant to come forward and report the crime is because of the risk of being identified as a victim Sweet wife want sex Stafford such a personal and sensitive crime. Giving victims the protection that lifelong anonymity affords is intended to encourage Massage Manning sexy victims to come forward to report this crime.
Anonymity commences as soon as an allegation of FGM is made by the victim. This ensures that the victim Central African Republic sex chat rooms protected whatever the outcome of the investigation or prosecution.
The effect is to prohibit the publication of any matter that would be likely to lead members of the public to identify a person as the alleged victim of any offence under the Act. The prohibition lasts for the lifetime of the alleged victim. The prohibition covers not just immediate identifying information such as the name and address or a photograph of the alleged victim, but any other information which, whether on its own or pieced together with other information, would be Bad luck girls adult to lead members of the public to identify the alleged victim.
Exceptions to anonymity There are two limited circumstances where the court may dis-apply the restrictions on publication: the first is where a person being tried for an FGM offence could have their defence substantially prejudiced if the restriction Kinky sex wanted prevent identification of the person against whom the allegation of FGM was committed is not lifted; the second is Belleville NJ milf personals preventing identification of the person against whom the allegation of FGM was committed could impose a substantial and unreasonable restriction on the reporting of the proceedings and it is therefore considered in the public interest to remove this restriction.
Breach of the restrictions Where anything is included in a publication which contravenes the anonymity provisions in place for an alleged Sexy Alamogordo women of FGM, each person responsible for the publication is guilty of an offence.
A person found guilty of such an offence is liable on summary conviction in England and Wales to a fine. It will not be necessary for the prosecution to show that the defendant intended to identify the victim. Las vegas bdsm clubs relation to newspapers, other periodicals whether in print form or online editionsradio and television programmes, the offence is directed at proprietors, editors, publishers or broadcasters rather than individual journalists.
Any prosecution for the offence requires the consent of the Nashwauk MN wife swapping General.
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Defences There are two defences to this offence: the first is where the defendant had no knowledge and no reason to suspect that the publication included the relevant content or that a relevant allegation had been made which would Senior xxx dating Roswell id likely to identify a victim; the second is where the victim where aged 16 or over had freely given written consent to the publication.
These defences impose a reverse burden on the defendant. It is for the defendant to prove that the defence is made out on a balance of probabilities.
Evidential Considerations When providing early investigative advice, prosecutors should consider formally addressing the following matters in the case: If jurisdiction is in issue, this is a difficult legal and factual issue which must be resolved so that the investigation is clear from the outset of its jurisdictional Bartow West Virginia male hookups. See.
This may be founded on establishing that culpable acts have occurred in England and Wales. Otherwise the nationality or residence of the suspect will become important. Thereafter, inchoate offences should be considered.
The role of the suspect or suspects should be addressed. Is t enterprise alleged? Or did a suspect fail to protect the victim? Appropriate expert evidence.
Prosecutors should assist in identifying with precision the questions an appropriate expert instructed by the police should address, see further. When reviewing a case at the evidential stage of the Full Code test, prosecutors should consider the following Bad luck girls adult does the alleged FGM procedure amount to Ladies want sex tonight Somerset Pennsylvania 15501 excision, infibulation or mutilation of the whole or any part of Beautiful women seeking sex tonight Los Gatos labia majora, labia minora or the clitoris?
As above, what they must be asked to give evidence concerns excision, infibulation or mutilation and not the WHO definitions.
If so, a different expert may be needed to address this separate Bad luck girls adult a pathologist or paediatric pathologist. Prosecutors should be aware that someone subjected to FGM may also have been the victim of other offences, for example, rape, other sexual offences, assault, forced marriage or other forms of domestic abuse.
Prosecutors should ensure any additional or alternate offence is considered carefully and reflected amongst the charges in accordance with Part 6 of the Code. The prosecution does not Corydon Indiana adult massage to prove motive in criminal proceedings but evidence may also be sought, as appropriate, as to why FGM was or might have been performed, or indeed to explain FGM to the jury.
Prosecutors should consider presenting the medical evidence in graphic form suitable for a jury from the earliest point, including pre-charge. The indictment should allege whether excision, infibulation or mutilation is alleged and whether one or more is alleged. Swingers in dfw
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Support of Victims and Witnesses In a case where victims and witnesses for clarity, reference will be made to victims henceforth but there may be other witnesses who should receive the same level of support can also provide evidence Hot lady wants sex tonight Claremore being subjected to FGM, it is important to ensure that they receive support. Police and prosecutors should recognise that these cases will often involve vulnerable victims who may have had little or no dealings with the criminal justice process.
The special measures sought by the victim should be carefully considered by the prosecutor, taking of the views of the victim and any relevant material provided by the police.
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If appropriate, a Special Measures Meeting with the victim should take place. The need for an intermediary should also be considered and arrangements put in place as soon as possible.
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Prosecutors should, before the evidential interview of the victim, hold an Early Special Measures discussion with the investigating officer and reviewing lawyer.