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”—

    1. a

      in England Wales, has the same meaning as in the Children Act 1989;

    2. 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.