Have you been Charged with Female Genital Mutilation in Georgia?
Many crimes automatically receive negative reactions and hostility when discussed. Female genital mutilation is one of those crimes. If you or a loved one has been charged with this offense, Lawson and Berry and their team of Georgia Criminal Defense Attorneys will listen to your story without judgment and will seek to help you. Our Lawyers have years of experience in criminal law and will build the best defense possible for your case. Contact us today for a free consultation.
In addition to being a crime in the state of Georgia, female genital mutilation is a crime laid out in federal and international law. It has been unequivocally condemned as a violation of the rights of women and female children all across the world.
Georgia Law on Female Genital Mutilation
O.C.G.A. §16-5-27: Any person will be guilty of female genital mutilation
- Who knowingly circumcises, excises, or infibulates, in whole or in part, the labia majora, labia minora, or clitoris of a female under 18 years of age;
- Who is a parent, guardian, or has immediate custody or control of a female under 18 years of age and knowingly consents to or permits the circumcision, excision, or infibulation, in whole or in part, of the labia majora, labia minora, or clitoris of such female; or
- Who knowingly removes or causes or permits the removal of a female under 18 years of age for the purpose of circumcising, excising, or infibulating, in whole or in part, the labia majora, the labia minora, or clitoris of such female.
What Needs to be Proven for a Conviction?
To be convicted of female genital mutilation, the State must demonstrate that the suspect is guilty beyond a reasonable doubt. Your Attorney's job is to build gaps in the prosecutor's case and to create doubt in the jury's mind.
Penalty in Georgia
The penalty for a female genital mutilation conviction is a prison term between five and twenty years. It will be a felony conviction.
Georgia Defenses to Female Genital Mutilation
Lack of knowledge: The statute requires that the suspect knowingly engages in the crime. If you can prove that knowledge was missing from the situation, then you would have a defense. Your Attorney will work with you to establish this defense if it applies to your case.
Surgical Operation: Federal law allows a defense if the procedure was performed by a medical practitioner on someone right after delivering a child or for medical purposes. However, if done for as a requirement for a ritual or custom, then this defense will not apply. 18 U.S.C. § 116
What are not Defenses
Consent: Even if the female or parent, guardian, or custodian of the female under 18 years of age gives consent to the crime, the Statute states that it will not be an acceptable defense. O.C.G.A. §16-5-27(d)
It was for religious reasons or a ritual: Religion, ritual, custom, or standard practice purposes will not be adequate defenses. The Court will not accept them. Therefore, you will be found guilty of female genital mutilation.
Having experienced representation is of up the utmost importance when facing a criminal charge. Your Georgia Female Genital Mutilation Attorney will investigate all the details surrounding your case and evaluate your options. They will be available all the time to you – even nights and weekends – because your case is important. Lawson and Berry and their team of Attorneys will work with you to fight your charge and avoid a conviction. Call today and schedule a free consultation.