Serious Crime Act 2015

72 Offence 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—

“3A Offence 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).”