Child Protection Guidance 2021

Part 4: Specific support needs and concerns 201 National Guidance for Child Protection in Scotland 2021 Version 1.0 September 2021 4.413 Definition. The legal definition of FGM is to excise, infibulate or otherwise mutilate the whole, or any part, of the labia majora, labia minora, prepuce of the clitoris, clitoris or vagina (section 1 of the Prohibition of Female Genital Mutilation (Scotland) Act 2005). The World Health Organization defines four types of FGM. However, it should be noted that the term FGM is often not recognised by FGM-practising communities, and practitioners should use terms such as cutting or female circumcision instead. 4.414 Occurrence. FGM may be a risk from infancy through to adulthood, as the practice can take place in infancy, childhood and also before marriage. Disabled children may also be subjected to the practice. A girl or woman might be subjected to FGM more than once throughout her life. A girl or woman may be taken out of the country by her family in order for the procedure to be carried out. 4.415 Criminal offence. FGM has been illegal in Scotland since 1985. The Prohibition of Female Genital Mutilation (Scotland) Act 2005 made it a criminal offence to have FGM carried out either in Scotland or outside the United Kingdom. The Act also increased the maximum sentence on conviction on indictment from 5 to 14 years imprisonment (section 5 of the 2005 Act). The UK Parliament’s Serious Crime Act 2015 (section 70) extends the reach of extra-territorial offences in that Act to habitual (as well as permanent) UK residents. The Female Genital Mutilation (Protection and Guidance) (Scotland) Act 2020 makes provision for FGM Protection orders and for Statutory Guidance on FGM. These provisions will strengthen the existing legislative framework for the protection of women and girls from FGM. 4.416 Psychological impact. FGM can be imposed by families that are in other ways protective. By contrast it may be associated with other forms of gender-based violence and so called ‘honour-based’ abuse, which can include child and forced marriage. Sometimes FGM can be linked to trafficking. Children affected by FGM experience lifelong psychological trauma. 4.417 Physical impact. FGM procedures cause severe pain, emotional and physical shock. Complications can cause death. Effects can include haemorrhage, wound infections, urinary retention, injury to adjacent tissues, fracture or dislocation as a result of restraint, and damage to other organs. Long-term health consequences include: chronic vaginal and pelvic infections; difficulties during menstruation; difficulties in passing urine and chronic urine infections; renal impairment and possible renal failure; damage to reproductive system (including infertility); infibulation cysts; neuromas; keloid scar formation; complications in pregnancy; delay in the second stage of child birth; maternal or foetal death; and increased risk of sexually transmitted infections. Surgical interventions during pregnancy and childbirth may be required. 4.418 Emotional impact. Immediate and long-term emotional impact is further complicated because the decision is usually made by those who are respected, loved and trusted. Adult survivors who experienced FGM as children have reported losing trust in those who forced them to undergo the procedure. Others experience family conflict and/or separation, especially in families when parental attitudes are divided. Women may experience recurrent sexual, psychological and physiological problems. FGM may also cause severe post-traumatic stress and can be associated with subsequent drug and alcohol problems, although this is less likely in cultures where drug and alcohol use is considered ‘shameful’.