21 MAY 2013
An offence was allegedly carried out by a doctor at the Whittington Hospital in London
The first UK prosecutions over female genital mutilation have been announced by the Crown Prosecution Service.
Dr Dhanuson Dharmasena, 31, of Ilford, east London, will be prosecuted for an alleged offence while working at the Whittington Hospital in London.
Hasan Mohamed, 40, of Holloway, north London, faces a charge of intentionally encouraging female genital mutilation.
Dr Dharmasena and Mr Mohamed will appear at Westminster Magistrates’ Court on 15 April.
In a statement, director of public prosecutions Alison Saunders said the CPS was asked by the Metropolitan Police to consider evidence in relation to an allegation of female genital mutilation (FGM).
FGM includes procedures that alter or injure female genital organs for non-medical reasons.
About 140 million girls and women worldwide are living with the consequences of FGM. Dangers include severe bleeding, problems urinating, infections, infertility, complications in childbirth and increased risk of death for newborns. (From WHO data)
It was alleged that following a patient giving birth in November 2012, a doctor at the Whittington Hospital repaired female genital mutilation that had previously been performed on the woman, allegedly carrying out female genital mutilation himself.
Ms Saunders said: “Having carefully considered all the available evidence, I have determined there is sufficient evidence and it would be in the public interest to prosecute Dr Dhanuson Dharmasena for an offence contrary to S1 (1) of the Female Genital Mutilation Act (2003).
“I have also determined that Hasan Mohamed should face one charge of intentionally encouraging an offence of FGM, contrary to section 44(1) of the Serious Crime Act (2007), and a second charge of aiding, abetting, counselling or procuring Dr Dharmasena to commit an offence contrary to S1 (1) of the Female Genital Mutilation Act (2003).
“These decisions were taken in accordance with the code for crown prosecutors.”
NHS trust Whittington Health, which runs the Whittington Hospital, said it had contacted police and started its own investigation when staff raised concerns following a birth in November 2012.
The CPS has decided to take no further action in four other cases of alleged FGM.
In one of those cases it was alleged that two parents had arranged for their daughter to undergo female genital mutilation while abroad.
In another, a suspect contacted an FGM helpline to request the procedure for his two daughters after misunderstanding the purpose of the service for victims. The CPS is currently considering whether to proceed with four other cases.
Prosecutors have also had discussions with police over investigations into two further cases, which are at an early stage.
The UK has in the past been compared unfavourably to other countries over the issue, such as France where there have been more than 100 successful prosecutions.
MPs have said it is “unforgivable” that there have been no UK prosecutions since laws against FGM were introduced nearly 30 years ago. This was despite more than 140 referrals to police in the past four years.
The Female Genital Mutilation Act 2003 replaced a 1985 Act, in England, Wales and Northern Ireland, raising the maximum penalty from five to 14 years in prison.
It also made it an offence for UK nationals or permanent UK residents to carry out FGM abroad even in countries where it is legal.
Home Office minister James Brokenshire said the government had “stepped up its response” to “take this crime out of the shadows” and give victims the confidence to come forward.
He said the “key message” was that the government took FGM “extremely seriously”.
Education Secretary Michael Gove is writing to every school in England to ask them to help protect girls from FGM.
The ABC reported on Sept. 14 2012 that prosecutions occurred in NSW stating that it was unlikely to be an isolated incident. It is very likely that these procedures are occurring in Australia under Medicare and state Hospital funding. This most often occurs after the infibulated woman presents for pre-natal care etc. and requires reopening in order to safely deliver their baby and is re-stitched after the birth. Many women require stitching after giving birth and these procedures fall under the radar as they receive a few extra to restore their previous pre-admission condition.