Children and families
Failing to protect a girl from risk of genital mutilation
Female Genital Mutilation Act 2003, s.3A
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- See guideline / charging decision
- Maximum penalty
- 7 years’ custody
Actus reus
- A genital mutilation offence is committed against a girl under 16, and D was responsible for her at the relevant time (Female Genital Mutilation Act 2003, s.3A). Responsible means parental responsibility with frequent contact, or an adult who has assumed care in the manner of a parent.
Mens rea
- The offence is being the responsible person when FGM is committed. D can raise the s.3A(5) defence (no significant risk thought/could not reasonably have been expected to be aware, or took reasonable steps). Once raised, the Crown must disprove it (s.3A(6)).
Defences
Not responsible for the girl · No genital mutilation offence committed · s.3A(5): no awareness of a significant risk / took reasonable steps
Sentencing Council
Sentencing Council guideline effective 01 October 2019. Offence range: Community order – 6 years’ custody.
At the police station
This is not the FGM doing offence (s.1). Map who had care at the relevant time.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.
- Statute:Female Genital Mutilation Act 2003, s.3A ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Child abuse (non-sexual) ↗