PART 5Virginity testing and hymenoplasty offences
CHAPTER 1Virginity testing offences
Virginity testing offences: Northern Ireland
I1I4144Offence of virginity testing: Northern Ireland
1
It is an offence under the law of Northern Ireland for a person to carry out virginity testing.
2
“Virginity testing” means the examination of female genitalia, with or without consent, for the purpose (or purported purpose) of determining virginity.
3
An offence is committed under subsection (1) only if the person—
a
is in Northern Ireland, or
b
is outside the United Kingdom, and is a United Kingdom national or habitually resident in Northern Ireland.
4
“United Kingdom national” means an individual who is—
a
a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,
b
a person who under the British Nationality Act 1981 is a British subject, or
c
a British protected person within the meaning of that Act.
5
In subsection (2), “female genitalia” means a vagina or vulva.
I6I5145Offence of offering to carry out virginity testing: Northern Ireland
1
It is an offence under the law of Northern Ireland—
a
for a person in Northern Ireland to offer to carry out virginity testing in the United Kingdom or virginity testing that has a sufficient jurisdictional connection, or
b
for a person anywhere to offer to carry out virginity testing if the person is a United Kingdom national or habitually resident in Northern Ireland.
2
Virginity testing has a sufficient jurisdictional connection for the purposes of subsection (1)(a) if it is carried out in relation to a person who is—
a
a United Kingdom national, or
b
habitually resident in the United Kingdom.
3
In this section—
“United Kingdom national” has the meaning given by section 144(4);
“virginity testing” has the meaning given by section 144(2).
I7I3146Offence of aiding or abetting etc a person to carry out virginity testing: Northern Ireland
1
It is an offence under the law of Northern Ireland for a person who is in Northern Ireland, or for a person who is outside Northern Ireland but who is a United Kingdom national or habitually resident in Northern Ireland, to aid, abet, counsel or procure the carrying out of virginity testing that has a sufficient jurisdictional connection.
2
Virginity testing has a sufficient jurisdictional connection fr the purposes of subsection (1) if it is carried out in relation to a person who is—
a
in the United Kingdom,
b
a United Kingdom national, or
c
habitually resident in the United Kingdom.
3
This section does not affect the application to an offence under section 144 of any rule of law relating to aiding, abetting, counselling or procuring.
4
In this section—
“United Kingdom national” has the meaning given by section 144(4);
“virginity testing” has the meaning given by section 144(2).
I8I2147Virginity testing offences in Northern Ireland: penalties
A person who commits an offence under section 144, 145 or 146 is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);
b
on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).