Legal Definitions - female genital mutilation

Female Genital Mutilation (FGM) refers to any procedure that intentionally alters or causes injury to the female external genitalia for non-medical reasons. This harmful practice is often performed on young girls and women, typically without their consent, and can lead to severe health consequences, including chronic pain, infections, childbirth complications, and psychological trauma. In the United States, FGM is a serious federal crime, and individuals accused of performing or facilitating it cannot use cultural or religious beliefs as a legal defense.

Here are some examples illustrating Female Genital Mutilation:

• Example 1: A family residing in the United States, originally from a country where FGM is traditionally practiced, arranges for their young daughter to travel overseas during summer vacation. The purpose of this trip, unbeknownst to the child, is to have a procedure performed that involves the partial removal of her clitoris, justified by the family as a necessary cultural rite of passage. Upon their return, if authorities discover the procedure, the parents could face federal charges in the U.S. for facilitating FGM, even though the act occurred outside the country.

  This example illustrates FGM as the intentional alteration of female genitalia for non-medical reasons, highlighting how U.S. law can apply even when the procedure is performed abroad if it involves U.S. residents or citizens.

• Example 2: In a hidden clinic operating within a large American city, an unlicensed practitioner is discovered performing procedures on young girls from immigrant communities. These procedures involve cutting and removing parts of the labia, which the practitioner falsely claims are for hygiene or to uphold community traditions. Law enforcement raids the clinic, arrests the practitioner, and rescues the children. The practitioner would be charged with FGM under federal law.

  This scenario demonstrates FGM as a criminal act performed domestically, emphasizing that such practices are illegal regardless of any cultural or traditional justifications.

• Example 3: A community leader in a small town is overheard discussing plans to organize a "coming-of-age ceremony" for several adolescent girls, which includes a ritualistic cutting of their external genitalia. Concerned neighbors report these discussions to local authorities. Before the ceremony can take place, law enforcement intervenes, preventing the procedure from occurring and arresting the individuals involved in planning and facilitating it.

  This example shows that even the planning, conspiracy, or attempt to perform FGM can fall under the legal definition and lead to criminal charges, underscoring the law's proactive stance against this practice.