Jail for legal first female genital mutilation conspiracy

A former PhD student has been jailed for conspiring to commit female genital mutilation (FGM) against a young girl in the first conviction of its kind in England and Wales.

Emad Kaky, 47, from Swansea, arranged for the child to travel from the UK to Iraq where he had organised for her to be subjected to FGM and forced into marriage.

Before the crimes could be carried out, Kaky’s plans were uncovered by a witness who arranged for the victim to travel back to the UK and reported him to the police.

Kaky was arrested and charged with conspiracy to commit FGM and forced marriage, which he denied. He was convicted on 9 September after a ten-day trial at Nottingham Crown Court and was today sentenced to four and a half years’ imprisonment.

Janine McKinney, Chief Crown Prosecutor for CPS East Midlands, said: “Today, Emad Kaky has faced the consequences of his actions in trying to get a young, innocent girl subjected to female genital mutilation and to be forced into a marriage not of her choosing.

“Had he succeeded in his plans, this child would have suffered unimaginable physical and mental harm.

“During the trial we presented evidence that the defendant considered this behaviour to be normal. The law is clear that there is no place for this unacceptable practice in society and the Crown Prosecution Service, police and other law enforcement agencies will work together to bring perpetrators to justice.

“This has been a landmark prosecution, not just because it is the first conviction of its kind, but for the message it sends to people who may be vulnerable to this horrific form of abuse. Where there is evidence that people have plotted to commit these offences, they face prosecution, whether or not they succeed.”

Building the Case

Before the trial, the defence team put forward a legal argument for dismissal, so the Crown Prosecution Service (CPS) had to show that FGM is a criminal offence in Iraq.

We also had to demonstrate that, as part of the conspiracy to commit FGM, Kaky had committed an act in England and Wales, where they have jurisdiction to prosecute.

Instructing a legal expert in the law of Iraq, our prosecutors were able to point to an area of the Iraqi penal code which outlined it as an offence – resulting in the defence dropping their argument and the case being able to proceed.

Proving that Kaky had committed an act in England and Wales as part of the conspiracy, prosecutors presented evidence that showed he had booked and paid for the trip to Iraq while living in Nottingham.

Messages retrieved from his phone showed Kaky clearly intended for the victim to be subjected to FGM and forced into marriage. He went on to defend his actions when a witness challenged him, calling FGM and forced marriage “normal”.

To further help the jury understand what FGM involves, the prosecution secured evidence from a cultural expert, who gave evidence about the practices and the physical and psychological harm it can inflict on victims.

It is the first time a person in England and Wales has been convicted of conspiring to commit FGM.

During the sentencing, the prosecution made submissions that, although the plan ultimately failed, the case should be sentenced on the basis of the harm that Kaky intended to do to the victim by arranging for FGM to take place.