Criminal Justice (Female Genital Mutilation) Act 2012

3.

Offence of removal from State for purpose of female genital mutilation.

3.— (1) A person is guilty of an offence if the person removes or attempts to remove a girl or woman from the State where one of the purposes for the removal is to have an act of female genital mutilation done to her.

(2) A person is not guilty of an offence under subsection (1) if the act is done and is—

( a) a surgical operation performed, by a person who is duly qualified to perform surgical operations under the law of the place where the act is done, or has been professionally trained to perform surgical operations, on the girl or woman concerned, which is necessary for the protection of her physical or mental health,

( b) a surgical operation performed, by a person performing functions corresponding to those of a midwife or a registered medical practitioner, on the girl or woman concerned when she is in any stage of labour, or has just given birth, for purposes connected with the labour or birth, or

( c) done to a woman who is not less than 18 years of age, and there is no resultant permanent bodily harm.

(3) In proceedings for an offence under subsection (1), it shall be presumed, until the contrary is shown, that one of the purposes for the removal from the State by the accused person of the girl or woman concerned was to have an act of female genital mutilation done to her if—

( a) the accused person removed the girl or woman from the State in circumstances giving rise to the reasonable inference that one of the purposes for such removal was to have an act of female genital mutilation done to her, and

( b) an act of female genital mutilation was done to her after she was removed from the State and, where she subsequently returned to the State, before that return.

(4) For the avoidance of doubt, it is hereby declared that it shall not be a defence to proceedings for an offence under this section for the accused person to show that he or she believed that the act concerned was consented to by the girl concerned or her parents or guardian, or the woman concerned, as the case may be, or required or permitted for customary or ritual reasons.

(5) For the purposes of this section, to “remove a girl or woman from the State” includes—

( a) arranging any part of her travel out of the State,

( b) accompanying her for any portion of that travel,

( c) arranging that she be met when her travel out of the State has terminated, or

( d) doing any other act that could facilitate her travel out of the State.

Annotations:

Editorial Notes:

E2

Offence under section included in Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 (24/2012), sch. 1 (offences against children for purposes of offence under s. 2) (1.08.2012) by Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 (24/2012), s. 2 and sch. 1, S.I. No. 281 of 2012.