3AF1Offence 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));
- a
“ the relevant time ” means the time when the mutilation takes place.