First-Ever FGM Conspiracy Case

First-Ever FGM Conspiracy Case in England and Wales

• • Historic Conviction: First-Ever FGM Conspiracy Case in England and Wales

    Nottingham, 14 September 2024 – In a ground-breaking decision, Emad Kaky, a 47-year-old Swansea resident and former PhD student, was convicted of conspiring to commit female genital mutilation (FGM) and forced marriage against a young girl. This marks the first conviction of its kind in England and Wales, representing a significant victory in the ongoing fight against this grievous human rights violation.

  • Aneeta Prem

    Aneeta Prem, founder of Freedom Charity and author of the acclaimed book Cut Flowers for Schools, hailed the verdict as a monumental step forward. “This conviction is a testament to our relentless pursuit of justice for girls subjected to FGM,” Prem stated. “It reinforces our collective resolve to eradicate this barbaric practice. The girl, whose age remains confidential, can now begin her healing journey free from the threat of such heinous crimes.”

    Kaky meticulously planned to transport the girl from the United Kingdom to Iraq, intending to subject her to FGM and force her into an illegal marriage. A vigilant witness thwarted his scheme, ensuring the girl’s safe return to the UK and promptly alerting authorities.

    Janine McKinney,

  • Chief Crown Prosecutor for CPS East Midlands, emphasised the severity of the crime. “Female genital mutilation is a horrific crime to subject anyone to – let alone a child,” McKinney stated. “There was clear evidence that Emad Kaky had intended for this young girl to suffer incredible harm and to be forced into an illegal marriage she would have had no ability to resist at such a young age. This landmark case sends a strong message to offenders of this sickening crime – just because an offence has been committed somewhere else in the world does not stop you facing prosecution. We will explore every avenue in our pursuit to get justice for victims, wherever our legal test is met.”

    Key Facts and Context

    •           Prevalence of FGM: According to the World Health Organization, over 200 million girls and women alive today have undergone some form of FGM. In the UK, an estimated 137,000 girls are at risk, with cases often concealed within close-knit communities.
    •           Legal Framework: FGM has been a criminal offence in England and Wales since 1985 under the Female Genital Mutilation Act. The law prohibits both the practice and the promotion of FGM, regardless of where the offence occurs.
    •           Previous Convictions: This is the third FGM conviction in England and Wales. The first conviction was secured in February 2019 for FGM committed within the UK, and the second in October 2023 for assisting the commission of FGM overseas.
    •           Freedom Charity’s Initiatives: Freedom Charity provides PSHE-accredited lesson plans and promotes the Red Triangle international symbol against FGM in schools. These resources are instrumental in educating young people about the dangers and illegality of FGM, fostering a culture of awareness and prevention. Additionally, our book Cut Flowers for Schools serves as an essential tool for educators and advocates working to eliminate FGM.
    
    Prosecution

    Central to the prosecution’s success was establishing that FGM is a criminal offence under both Iraqi and UK law. The Crown Prosecution Service (CPS) demonstrated that Kaky’s actions within England and Wales formed part of the conspiracy to commit FGM, thereby asserting the necessary jurisdiction for prosecution. Evidence included Kaky’s booking and payment for the trip to Iraq while residing in Nottingham, as well as incriminating messages retrieved from his phone that revealed his intentions.

    During the trial, Kaky attempted to normalise FGM, describing it as “normal.” This defence only underscored the malicious intent behind his actions. To aid the jury’s understanding, the prosecution presented testimonies from cultural experts detailing the profound physical and psychological trauma inflicted by FGM.

    Aneeta Prem further highlighted the importance of education in preventing such crimes. “Our PSHE-accredited lesson plans and the Red Triangle international symbol against FGM play a crucial role in raising awareness and educating young people about the dangers and illegality of FGM. It is not fair that girls like the one in this case have to suffer, and we must continue to empower communities to protect their children.”

    Broader Implications

    Jaswant Narwal, CPS National Lead for Honour-Based Abuse, Female Genital Mutilation, and Forced Marriage, highlighted the broader implications of the case. “FGM is a form of violence against women and girls. There are many complexities involved in prosecuting this type of offending, which can be committed in close-knit communities, historically, and abroad. However, this is no barrier to the CPS prosecuting wherever our legal test is met. We are clear there is no place for this unacceptable practice in society. We will continue to work tirelessly with our partners to safeguard and support victims of FGM and bring perpetrators to justice.”
    
    Sentencing

    Kaky is slated to be sentenced at Nottingham Crown Court on 3 October 2024. This conviction not only delivers justice for the girl but also serves as a deterrent to others who might consider similar atrocities.

    About Freedom Charity

    Freedom Charity is dedicated to combating female genital mutilation and supporting its victims. We work tirelessly to raise awareness, provide resources, and advocate for stronger protections against FGM and related abuses. Our mission is to ensure that every woman and girl can live free from the threat of such violence, empowering them to lead healthy and fulfilling lives. Our PSHE-accredited lesson plans and the Red Triangle symbol are central to our efforts in educating and protecting young people from FGM. Additionally, our book Cut Flowers for Schools is available for purchase to support educators and advocates in their vital work against FGM.

    Wear the Red Triangle. Buy our Book. Support the Fight Against FGM.

    Join us in our mission by wearing the Red Triangle symbol, a powerful international emblem against FGM, to show your support. Purchase our book, Cut Flowers for Schools, to equip yourself and others with the knowledge needed to prevent FGM and support its victims.

    For further information, please contact:

    Aneeta Prem MBE
    Founder and Author
    Freedom Charity
    Email: hello@freedomcharity.org
    Website: www.freedomcharity.org

    Notes to Editors

    •           Victim Anonymity: Victims of female genital mutilation offences, including conspiracy to commit FGM and forced marriage offences, are entitled to lifelong anonymity. Under the Sexual Offences (Amendment) Act, Schedule 1 of the Female Genital Mutilation Act, and Schedule 6A of the Anti-social Behaviour, Crime and Policing Act, this protection begins the moment an allegation is made and persists for the victim’s lifetime, even if reported by someone else on their behalf.
    •           Jigsaw Identification: Legal protections extend beyond direct identifying information such as name and address. Any details that could be pieced together to identify the victim are prohibited. In this case, while the defendant has been named, any reporting of information that links him to the victim must be avoided to maintain her anonymity.
    •           Case Details:
    •           Defendant: Emad Kaky (DOB 19/10/1976)
    •           Charges: One count of conspiracy to commit female genital mutilation and one count of forced marriage
    •           Conviction Date: 9 September 2024
    •           Sentencing Date: 3 October 2024 at Nottingham Crown Court
    •           Case Significance:
    •           Third FGM conviction in England and Wales
    •           First conviction for conspiracy to commit FGM
    •           Legal Context: FGM has been a criminal offence in England and Wales since 1985. It is defined as a form of violence against women and girls involving the injury or alteration of female genital organs without any medical reason.
    •           CPS Statements:
    •           “FGM has been a criminal offence in England and Wales since 1985. It is a form of violence against women and girls where the female genital organs are injured or changed and there is no medical reason for this.”
    •           “It is essential that victims know how the criminal justice system can help protect them, even if FGM offences are committed abroad, and that the CPS will prosecute these cases whenever our legal tests are met.”

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