First FGC prosecutions in the UK: another step on the road

Friday 21 March 2014

Today the Crown Prosecution Service (CPS) announced that the UK is making the first prosecution for female genital cutting, allegedly carried out by a doctor at the Whittington Hospital in London.

The Independent reported the following:

“Dr Dhanoun Dharmasena is accused of committing an offence under a 2003 law on a woman who gave birth at the Whittington Hospital in north London in November 2012. The hospital has specialist services to help women with FGM.

The woman had already been mutilated and it is alleged that the doctor “repaired” the FGM previously performed on the patient and carried out further FGM, according to a statement by the Crown Prosecution Service.

Alison Saunders, the director of public prosecutions, 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 Dhanoun Dharmasena for an offence contrary to S1 (1) of the Female Genital Mutilation Act (2003).

A second man, Hasan Mohamed, who is not a medic, has also been charged with encouraging an offence of FGM and aiding and abetting Dr Dharmasena to carry out the act, said Ms Saunders. The pair will appear at Westminster Magistrates’ Court on April 15.”

Alison Saunders was reported in the Evening Standard to say:

“May I remind all those concerned that these individuals have a right to a fair trial and it is very important that there should be no reporting, commentary or sharing of information online which could in any way prejudice these proceedings.”

At Orchid Project we are thankful for the hard work of the CPS and other services and organisations in making this happen. This shows that the UK Government is taking this issue of FGC seriously and that the work of campaigners and activists is paying off. We need attention on this issue from everyone to ensure girls in the UK and abroad are not cut.

The prosecution has appeared throughout the UK media which has taken a lead role in raising awareness of the issue and in supporting campaigns, such as the recent successful petition which sought to get Michael Gove to write to schools on the issue of FGC.

It must be noted that this case concerns allegations of further cutting performed on a woman who had already undergone FGC at a younger age. Dr Katrina Erskine, consultant gynaecologist and head of obstetrics at Homerton Hospital, Hackney, was reported in The Independent to say:

[There are] subtle distinctions between the suturing of a vaginal opening for medical reasons following a birth and repeating FGM. If these distinctions are not clear, young doctors and midwives at the start of their careers may be fearful of intervening to help.

Obstetricians were outraged over the decision to prosecute and warned it would distract attention from the real problem of FGM – the removal of the outer genitals – as opposed to the repair of the vaginal opening after a woman who had previously undergone FGM gave birth… It will put off midwives and doctors involved in caring for women with FGM and it distracts from where our main focus should be which is on driving out the real practice of FGM… “This is where we should be putting our efforts – helping women to understand why it is wrong. Not on some poor doctor who may or may not have put some stitches in the wrong place.”

The UK government is focusing on providing safeguarding for children at risk. This is vital in working towards an end to FGC; prevention of FGC through education and child protection ensures support to girls in the first instance.

Prosecutions should not be seen as a measure of success in ending FGC. A prosecution reflects that a girl has been cut. Whilst justice is needed, it does not negate the fact that a girl has suffered. What is needed is effort prior to this to prevent the event from happening.

Christine Loudes, director of the Amnesty campaign “End FGM” previously told The Independent:

“The debate in the UK about more prosecutions misses the point. Legal repression, although it may have its place, is not the best answer.”

“We need to work to with the communities where this happens to try to change attitudes, not to drive the problem further underground. Since the instigator or perpetrator is often the parent, legal action leads to double victimisation of the child. We should consider the best interests of the children before we rush to send their parents to prison.”

Prevention and child protection are the key issues and we now need action and education to move towards this. Success will be ensuring the next generation of girls remain uncut and do not have to live with the consequences of FGC.

We believe that education at all levels, is what is needed most to help end FGC.