Female Genital Mutilation (FGM) – Understanding the Law and Support Available

We recognise that this is a confronting and distressing topic. If you or someone you know is affected, please know that you are not alone. There are places you can go for help —

• Yarrow Place Rape and Sexual Assault Service (part of SA Health) - (08) 8226 8787 or 1800 817 421 (country SA)

• Migrant Health Service (SA Health) (08) 8237 3900

• Multicultural Women’s Services SA (MWSSA) (08) 8346 9417

• YWCA Adelaide Domestic Violence Services – 08 8203 9400

• Child Abuse Report Line (CARL) – 13 14 78 (24/7)

• 1800RESPECT – 1800 737 732

All services are free and confidential. Many have staff trained in cultural awareness and trauma-informed care.

What is FGM?

FGM stands for Female Genital Mutilation. It is a deeply harmful and traumatic practice that involves cutting or altering the female genitals of women and girls for non-medical reasons.

FGM can cause lifelong physical pain, emotional trauma, and significant, sometimes fatal complications during childbirth and menstruation.

In South Australia, FGM is a serious criminal offence. The maximum penalty is 7 years in prison.

What is the legal definition of FGM?

The legal definition of FGM includes:

• Removal of the clitoris (clitoridectomy);

• Cutting or excision of any other part of the female genitals;

• Procedures to narrow or close the vaginal opening; and

• Any other injury or mutilation of the female genital organs

It does not include:

·      gender reassignment surgery; or

·      genuine medical procedures performed for therapeutic reasons.

What conduct is illegal?

It is illegal in South Australia to:

• Perform FGM;

• Assist, encourage, or organise FGM; and/or

• To take a child, or arrange for a child to be taken, out of the State to undergo FGM

Can a woman, girl, or their parent consent to FGM?

NO. It is not a defence if the girl or woman consents, or if a parent or guardian gives consent. These laws exist to protect individuals, particularly those who may be under pressure or unable to speak out.

Can someone take a child out of the state to get FGM?

NO.  If there is a risk that a child may be taken overseas for FGM, the Court can intervene by ordering that the child does not leave the State, or have their passport held for safekeeping.

How can we help?

We understand that people affected by FGM may feel fear, shame, or confusion. Our role is to listen, advise, support, and act alongside you.

We can assist you to understand your options, and then, depending on what has happened and what you choose to do, you may ask us to do any number of things including:

·      Set down a written record of what has happened;

·      Obtain documents e.g. medical records and witness statements to support you;

·      Arrange an appointment to speak to police to create a record of how much FGM is happening in our community;

·      Seek victim of crime compensation so that a FGM victim’s costs such as medical bills, counselling fees etc are paid for;

·      Seek to report crime/s to police, if someone is charged, become a witness in a prosecution and give evidence at trial;

·      Apply to the court to stop someone leaving the state for FGM to occur;

·      Assist children and their guardians go through any of these processes.

Please get in touch if any of this applies to you and you’d like some help.

Note: This OYBlog was created with AI assistance.