Foreign citizens living in Britain who take their daughters overseas to undergo female genital mutilation will face up to 14 years in prison under plans for new legislation announced today.
The reform is designed to close a gap in the existing law outlawing FGM which means that foreigners who are living here, but have no official right to remain in the country permanently, cannot be taken to court for inflicting mutilation. The move was announced in the Queen’s Speech, which also pledged that the UK will lead a global campaign to prevent sexual violence in war zones.
The change to FGM laws follows concern that some suspected offenders are escaping justice, including a recent case in which the alleged perpetrators were questioned on suspicion of taking a girl less than two months old to undergo FGM abroad.
Prosecutors decided that it was impossible to bring charges because neither the suspects nor the victim had a permanent right to be in this country at the time of incident — even though all now live here and were temporary residents when the cutting was carried out.
To prevent this, the new law will make it a crime for any overseas national who is “habitually resident” in Britain to carry out or assist in the mutilation of a girl from this country.
It will also make it illegal to inflict FGM on a foreign-born girl who is “habitually resident” here, even if she is not a British citizen, or to assist in having mutilation carried out.
Justice Minister Damian Green said the changes would increase the protection offered to girls living in Britain. He added: “The Government is committed to tackling and preventing the harmful and unacceptable practice of female genital mutilation.
“Legislation alone cannot eradicate this terrible practice. But it is important that we change the law where necessary.”
The term “habitually resident” covers a person’s ordinary country of residence. It does not cover temporary visitors, but means that those who have been living here for a substantial period of time will be subject to the new law even if they have yet to qualify for a permanent right to stay.
Offenders will face the same maximum 14-year penalty that applies to British citizens.
Ministers today also said that Britain is driving a worldwide campaign to stop rape being used as a weapon of war. Foreign Secretary William Hague and actress Angelina Jolie are holding a summit next week on tackling sexual violence in conflicts.
