Female Genital Mutilation
Criminal Offence
The main purpose of the Criminal Justice (Female Genital Mutilation) Act 2012 is to prohibit female genital mutilation; along with providing for related offences — some of which apply to certain extra-territorial jurisdictions.
The Act  criminalises the act of doing female genital mutilation; it also provides for the offence of attempting to do an act of female genital mutilation. The offences of aiding, abetting, counselling, or procuring the commission of female genital mutilation are already provided for in the general criminal law Acts on the grounds that a person is liable to be tried and punished where s/he aids, abets, counsels or procures the commission of an indictable offence.
Doing or attempting to do female genital mutilation is an indictable offence. The general criminal law Acts concerned are:
- Criminal Law Act 1997;
- Criminal Justice Act 2006;
- Criminal Justice (Amendment) Act
And in a similar vein, the offence of conspiring with another person to do female genital mutilation is covered by the same general criminal law.
It an offence for a person to take a woman or girl from the State where one of the purposes of taking her is to do female genital mutilation to her; a similar offence for attempting removal is also created.
Exemptions
There are various exemptions from the offence of female genital mutilation Firstly,
- that a registered medical practitioner is exempt when doing a surgical operation that is required for the protection of the physical or mental health of a girl or woman;
- secondly, a midwife — or a person training to be a midwife — along with a registered medical practitioner, are exempt when doing a surgical operation on a woman in labour or after she has just given birth, provided that the operation is related to the labour or birth;
- thirdly, a girl or woman who self- mutilates does not commit an offence — though a person who aids and abets such a girl or woman to do female genital mutilation can be tried for an offence under the general criminal law above; and
- fourthly, a person is exempt when doing an act on a woman who is over 18 years and there is no resultant bodily harm.
With respect to the exemption for a midwife above, it is provided here that any kind of mutilation that is equivalent to female genital mutilation following delivery, such as re-infibulation — even at the request of the woman — would also constitute an offence under these provisions.
The Act precludes the possibility of invoking reasons of custom or ritual — or the consent of the girl/woman herself or her parents/guardian — in any defence to proceedings for the commission of the general offence.
Presumption
There is  a presumption about the reasons a person removes a girl or woman from the State in the event of proceedings for an offence. In effect, this provides that where it can be reasonably inferred that an accused person took a woman/girl out of the country for, among other reasons, to do female genital mutilation to her, and that an act of female genital mutilation was done to her in the related period that she was abroad, there shall be a presumption that the accused took the woman/girl out of the State in order to have female genital mutilation done to her — unless the contrary is shown.
Offences Abroad
There is extra-territorial jurisdiction in relation to doing or attempting to do female genital mutilation. There are provisions in relation to the circumstances in which a person commits an offence of doing or attempting to do female genital mutilation outside the State; and it includes an Irish citizen or a person who is ordinarily resident in the State who does or attempts to do female genital mutilation in another jurisdiction where they constitute offences.
Ordinarily resident in the State means the person has had his or her principal residence in the State for the period of 12 months preceding the alleged commission of the offence.
Exemptions Abroad
There are  various exemptions from the offence.
- A person who has been professionally trained to do surgery, or who is qualified to do so under the law of the place where the surgery is done, is exempt when doing a surgical operation on the girl or woman concerned that is required for the protection of her physical or mental health;
- secondly, a person who carries out functions that correspond to work done by a midwife — along with a registered medical practitioner — are exempt when doing a surgical operation on a woman in labour or after she has just given birth — provided that the operation is related to the labour or birth;
- thirdly, a girl or woman who self-mutilates does not commit an offence — though a person who aids and abets such a girl or woman to do female genital mutilation under the circumstances shall be tried for an offence under the general criminal law mentioned and a person is exempt when doing an act on a woman who is over 18 years and there is no resultant bodily harm.
The Act precludes the possibility of invoking reasons of custom or ritual — or the consent of the girl/woman herself or her parents/guardian — in any defence to proceedings for the commission of the general offence.
Where proceedings are commenced for an offence committed outside the State, they may be taken in any place in the State. There are penalties for the offences. The Act provides for penalties for both a summary conviction and a conviction on indictment.
Anonymity
The Act incorporates the extensive provisions in both the Criminal Law (Rape) Amendment Act 1990 with respect to the provisions governing the exclusion of the public from hearings, and the measures in the earlier Criminal Law (Rape) Act 1981 with respect to the provisions that safeguard the anonymity of the victim.
Once a person is charged with an offence under the Act , no matter likely to lead members of the public to identify a girl or woman as the person against whom the offence is alleged to have been committed, may be published in a written publication available to the public (ie in particular, a newspaper) or be broadcast except as authorised by a direction.7