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Prohibition of female genital mutilation

Offence title:

 

Prohibition of female genital mutilation

Act:

 

45 Crimes Act (NSW)

Offence:

A person who –

(a)   excises, infibulates or otherwise mutilates the whole or any part of the labia majora or labia minora or clitoris of another person, or

(b)   aids, abets, counsels or procures a person to perform any of those acts on another person,

commits an offence.

 

Penalty:

 

Imprisonment for 21 years.

 

Summary/Indictable/mixed:

 

Indictable

 

Jurisdiction:

 

District or Supreme Court

 

How committed:

 

A cultural practice requires the cutting of the genitalia of a female, of any age, would constitute an offence.

 

Important note:

It is a defence if the procedure complained about is done for a genuine medical reason.

 

A person cannot consent to conduct constituting an offence under this subsection.

 

The High Court of Australia has determined the term “otherwise mutilates” has special meaning in the context of this section. It means any injury, to any extent, for a non-medical reason, to genitalia, would constitute an offence.

 

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