First-Ever FGM Conspiracy Case in England and Wales
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- 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 MBE, Founder and President of Freedom Charity and author of Cut Flowers, welcomed the conviction. Freedom’s position is that cases such as this underline the importance of prevention education, professional safeguarding and effective enforcement. The child’s identity is protected and should not be inferred or disclosed.
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,
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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
• Global context: WHO states that more than 230 million girls and women alive today have undergone FGM in countries where the practice is concentrated.
• Legal framework: Specific criminal offences relating to FGM have existed since 1985 under the Prohibition of Female Circumcision Act. The Female Genital Mutilation Act 2003 replaced that Act in England, Wales and Northern Ireland and modernised and extended the offences. Scotland has separate legislation.
• Previous convictions: The CPS records this as the third FGM conviction in England and Wales and the first conviction for conspiracy to commit FGM.
• Freedom Charity’s education work: Freedom provides separate forced-marriage and FGM lesson resources that received the PSHE Association Quality Mark. Cut Flowers is used as a safeguarding education resource alongside appropriate teaching and safeguarding practice.
ProsecutionCentral 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.
Freedom Charity continues to use safeguarding education, its separate PSHE Association Quality Mark lesson resources and the Red Triangle campaign to support awareness and prevention work on FGM. These activities should be described as education and prevention work, not as proof that individual cases of harm have been prevented.
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.”
SentencingKaky 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 works to prevent FGM through safeguarding education, practical resources, professional awareness and routes to support. Our focus is on helping people recognise risk early, respond safely and understand the legal protections available. Our forced-marriage and FGM lesson resources, which received the PSHE Association Quality Mark, and the Red Triangle symbol support our prevention and education work on 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: [email protected]
Website: freedomcharity.org.ukNotes 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.”
- Historic Conviction: First-Ever FGM Conspiracy Case in England and Wales