Exceptions to offences under section 32
34A Exceptions to offences under section 32
It is not an offence against section 32 if the performance of the female genital mutilation is by a surgical operation which is—
necessary for the health of the person on whom it is performed and which is performed by a medical practitioner; or
is performed on a person in labour or who has just given birth, and for medical purposes or the relief of physical symptoms connected with that labour or birth, and which is performed by a medical practitioner or a midwife; or
is a sexual reassignment procedure which is performed by a medical practitioner.
For the purposes of subsection (1)(a), in determining whether an operation is necessary for the health of a person, the only matters to be taken into account are those relevant to the medical welfare or the relief of physical symptoms of the person.
The burden of proving that the performance of the female genital mutilation did not occur in any of the circumstances set out in subsection (1) lies with the prosecution.
Pt 1 Div. 1 Subdiv. (4A) (Heading and ss 34AB–34AL) inserted by No. 37/2023 s. 3.
Non-fatal strangulation
S. 34AB inserted by No. 37/2023 s. 3.
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