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Offence to take a person from the State with the intention of having prohibited female genital mutilation performed

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Offence to take a person from the State with the intention of having prohibited female genital mutilation performed

Offence to take a person from the State with the intention of having prohibited female genital mutilation performed is a very serious offence. If you’re found guilty, you could face up to 15 years of imprisonment. It’s very important that you seek expert legal advice urgently. Contact us to speak with a criminal lawyer now.

The Offence

Section 33 of the Crimes Act 1958

The prosecution must prove:

  1. the defendant took another person from the State, or arranged for another person to be taken from the State; and

  1. the defendant intended that prohibited female genital mutilation would be performed on the person.

The Penalty

Level 4 imprisonment (15 years maximum).

What is "prohibited female genital mutilation"?

“prohibited female genital mutilation” means female genital mutilation the performance of which would be an offence under this Act if carried out in the State. Source: Crimes Act.

What is "female genital mutilation"?

“female genital mutilation” means all or any of the following—

        (a)     infibulation;

        (b)     the excision or mutilation of the whole or a part of the clitoris;

        (c)     the excision or mutilation of the whole or a part of the labia minora or labia majora;

        (d)     any procedure to narrow or close the vaginal opening;

        (e)     the sealing or suturing together of the labia minora or labia majora;

        (f)     the removal of the clitoral hood;

Source: The Crimes Act

Where will my case be heard?

The Offence to Perform Female Genital Mutilation can only be heard in the County Court or Supreme Court of Victoria.

CRIMES ACT 1958 - SECT 33

s33. Offence to take a person from the State with the intention of having prohibited female genital mutilation performed.

  1. A person must not take another person from the State, or arrange for another person to be taken from the State, with the intention of having prohibited female genital mutilation performed on the other person.

Penalty: Level 4 imprisonment (15 years maximum).

  1. In proceedings for an offence under sub-section (1), proof that—

(a) the defendant took the person, or arranged for the person to be taken from the State; and

(b) the person was subjected, while outside the State, to prohibited female genital mutilation—

is, in the absence of proof to the contrary, proof that the defendant took the person or arranged for the person to be taken from the State with the intention of having prohibited female genital mutilation performed on the person.

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