Banjo,

You commented that you think that "it is more a case of medical personel not having to report the mutilation of victims [...]"

In my view medical personnel do have to report the mutilation. This is because female genital mutilation, being an offence that carries a penalty of seven years in prison, is a serious indictable offence.

To my mind, failing to report the mutilation is concealing a serious indictable offence, contrary to section 316 of the NSW Crimes Act.

http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s316.html

This obligation would supercede any medical confidentiality requirements.

That section, together with the regulations, prevent a prosecution against medical personnel under that section unless that prosecution has be approved by the Attorney General. It may be that you need to address your concerns to the Attorney General so that he can make it known that he would approve such prosecutions in the event the medical personnel fail to report genital mutilation.

Sylvia.

That's a bit harsh! Muslim men are not to marry a circumcised woman. 'Sorry, we have lots in common, love your style, but your mum and dad took a knife to you so you suffer the consequences.' Can non Muslim men marry mutilated women or are they exempt? FGM is a cultural practice, it is not a muslim requirement and is unfortunately supported and perpetrated by women. The only religion where genital mutilation is a requirement is Judaism.

Proper legislation and education will stamp out the practice of FGM.

Sylvia Else,
My apoligies, I was under the impression (wrongly) that there was no obligation to report FGM by medical practicioners.

Do you know who is responsible for investigating to see if prosecution is possible and how many cases are investigated.

As far as I can tell FGM is a cultural practice mainly,but not exclusively, carried out by Muslims. In some Africian areas FGM is carried out in christian communities.

I have long advocated that we give potential immigrants far more information about our society than we do at present. This should include the fact that FGM is illegal and the equality of women and that scantly clad people frequent beaches and nearby areas.

It is far too late for migrants to find out about these types of matters on arrival. They have to be informed before they decide to come here.

Banjo,

Initial investigation would be a matter for the police. Prosecutions would be the responsibility of the Director of Public Prosecutions.

However, I am sure you'll find that no medical personnel have been prosecuted for failing to report cases of genital mutilation. The reason that prosecutions require the approval of the Attorney General is that prosecuting medical personnel over information they've obtained as a result of providing medical treatment is a very sensitive issue. The concern is that people would not seek treatment if they feel they're at risk of being prosecuted as a result. In this particular context, there's a clear risk that parents would not seek treatment for their daughters.

So I remain of the view that the issue is one you'd have to take up with the Attorney General. The response you get may well be that telling medical personnel that they must comply with the Crimes Act as regards reporting genital mutilation could well do more harm than good.

Sylvia.

Yvonne et al,

It is true that some Muslim women are the ones that encourage FGM,
however it doesn't alter the proposition that Muslim men need to get with real women.

There is little chance that non-Muslim men will marry a mutilated woman.
First, because marriage of Muslim daughters in traditional families to outsiders is not tolerated.
Secondly, the western male is a firm believer in 'try before you buy' and one experence of a fully mutilated woman will send him packing.

A 'mere' clitorus removal may escape his immediate notice but he's bound to discover it and then there could be problems.

Male circumcision in Judaism does not have the ramifications of female mutilation; in fact in hot countries where there is a lack of water it does more good than harm.
It certainly, in un-hygenic conditions lessens the chance of the female suffering infections from sexual intercourse.

There are other cultures/religions that practice FGM but Muslims seem to be the main perpetrators,especially in Australia, and it is the men who can change things and stamp out the practice. Once the idea gets around that a mutilated daughter is not going to get/stay married then the believers in mutilaton will either have to carry the burden/stigma of having unmarried daughters or give up the practice.

Sylvia,
One thing I would like to know. We know that FGM is carried out exclusively by Muslims in Australia. Is there any particular nationality that practices this more than others or is it across a few or many nationalities.

I understand the reasons for not reporting or investigating FGM but I don'y know if I fully agree with it. Maybe if the Government decided to really get tough from a certain date and before that date carried out extensive education and information programmes locally and made sure ALL prospective migrants were told of this. It may have the effect of lowering the incidence, Just a thought.