Legislating FGM: a recent conviction for conspiring to commit FGM is a memorable first for the CPS in England and Wales:

Article written by Leanne Wylie

On the 9th of September 2024, the Crown Prosecution Service (CPS) released a news article about a ‘legal first’ in the UK for female genital mutilation (FGM) convictions (a procedure that involves ‘partial or total removal of the external female genitalia’ and ‘partial or total removal of the external female genitalia’).

A man has been found guilty of conspiring to commit FGM against a young girl. Although this is now the third FGM conviction in England and Wales, this is a landmark first for convictions in relation to conspiring to commit the procedure. It is a vital stepping stone for prosecuting FGM in England and Wales.

Case details:

To briefly summarise: a 47-year-old, former PhD student arranged for a child to travel to Iraq from the UK where he had organised for her to be forced into a marriage and be subject to FGM. Due to the aim of carrying out the procedure outside of English jurisdiction, the CPS had to prove that FGM was a criminal offence in Iraq in order to cause the defence to drop their argument and proceed with the conviction. Through help from a legal expert in the law of Iraq, CPS prosecutors were able to identify where in the Iraqi penal code outlines FGM being an offence.

How did the CPS make this fit into the English and Welsh jurisdiction?

To prove that an act was committed in England and Wales, prosecutors used evidence showing that the offender booked and paid for the trip to Iraq during his stay in Nottingham. Messages were also used where it was clear that the offender intended for the child to be subject to a forced marriage and FGM. To help the jury understand the severity of FGM, a cultural expert witness gave evidence about the harm it can cause to victims.

On the 9th of September, the offender was convicted of conspiracy to commit FGM and forced marriage, which is officially the first time this type of conviction has arisen in England and Wales, making this case landmark in FGM legislation within our jurisdiction.

What has happened since?

The offender is due to be sentenced on the 3rd of October. Close-knit communities, previous acts of FGM, and the procedure happening abroad all pose difficulties when trying to prosecute the offence, as stated by the CPS national lead for honour-based abuse, FGM, and forced marriage, Jaswant Narwal; she states that despite these ‘complexities’, if the CPS’ legal test is met then there is no barrier for their prosecution. This case has allowed for further clearance and emphasis on the difficulties of prosecuting FGM in England and Wales, the dangers of the procedure, and the protections that the CPS has to offer to victims.

Jaswant Narwal has also stated that the CPS will ‘work tirelessly’ to support FGM victims, bring perpetrators to justice, and provide safeguarding. Furthermore, victims of conspiracy to commit FGM are now included in the entitlement to lifelong anonymity, alongside all other victims of FGM and forced marriage.

As a result of this case and conviction, the necessity that victims are aware of ways the justice system can help them has intensified, making it clearer that this includes offences that are committed abroad, and that the CPS will prosecute these cases wherever their ‘legal tests are met’.

From the CPS securing the first FGM conviction that happened in the UK in 2019, to securing the second conviction in 2023 for assisting the commission of FGM overseas, to now having a conviction for solely conspiring to commit FGM in 2024, the scope of securing convictions for FGM in England and Wales is widening slowly. September 2024
marks a huge milestone for the CPS with FGM cases.