RICHMOND – The General Assembly is considering a bill that would make the practice of female genital mutilation a misdemeanor – but that penalty is much less than the sponsors originally intended.
The bill, which has cleared the Senate and is now in the House, would make it a Class 1 misdemeanor to perform any circumcision or infibulation of the labia majora, labia minora or clitoris of a minor – or for parents or legal guardians to consent to the procedure for a girl. A Class 1 misdemeanor is punishable by up to 12 months in jail and a $2,500 fine.
When the legislation was introduced, it proposed making it a Class 2 felony for parents or guardians to allow a minor to undergo female genital mutilation, or FGM, which is practiced in certain cultures in Africa, the Middle East and Asia. Someone who performed the procedure would have faced at least five years in prison and a fine of up to $1 million.
At the beginning of the legislative session, two bills in the Senate called for the criminalization of FGM: SB 1060 introduced by Sen. Richard Black, R-Loudoun County, and SB 1241, by Sen. Siobhan Dunnavant, R-Henrico County, who is also an obstetrician.
During the committee process, the two bills were merged and went forward as SB 1060. While in committee, the proposed penalties were changed to misdemeanors. And that is how the bill read when it was passed unanimously by the Senate on Feb. 2. The legislation is now being considered by the House Courts of Justice Committee.
No law in Virginia specifically bans the practice of FGM. The offense falls in the category of malicious wounding and aggravated malicious wounding, both of which are felony offenses.
FGM is common in such countries as Somalia, Egypt, Mali and Nigeria, as well as in parts of Malaysia and Indonesia. It is also common in some immigrant communities in North America, Europe and Australia.
A common misconception about FGM is that it is practiced by only Muslims. In fact, experts say, the practice is not specific to any religion and is rooted in culture and tradition. According to Human Rights Watch, FGM is practiced by some members of the Islamic, Christian and Jewish faiths.
Under the legislation sponsored by Black and Dunnavant, people charged with practicing or allowing FGM could not claim as a defense that it was “required as a matter of custom, ritual, or religious practice” or that the minor had consented.
Largely because it is home to people from other countries, Virginia is listed as one of the states where women and girls are at the highest risk of being victims of FGM.
FGM has been a crime under federal law since 1996. In 2013, President Obama signed the Transport for Female Genital Mutilation Act, which outlawed “vacation cutting” – sending a minor abroad to undergo the procedure.
According to the AHA Foundation, which works to oppose violence against girls and women, 24 states have laws criminalizing FMG. They include Maryland, Tennessee and Delaware.
In 2016, a report by the U.S. Centers for Disease Control and Prevention estimated that more than 513,000 females were at risk of, or have experienced, FGM. About 169,000 of those individuals were minors.
In January, Black released a statement calling FGM “barbaric.”
“This physical torture of little girls is a violation of the rights of children,” he said.