Man convicted of conspiring to commit FGM against young girl in legal first
A former PhD student has been found guilty of 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.
Janine McKinney, Chief Crown Prosecutor for CPS East Midlands, said: “Female genital mutilation is a horrific crime to subject anyone to – let alone a child.
“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.”
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.
Vital to the case proceeding to trial after the defence team put forward a legal argument for dismissal, the Crown Prosecution Service (CPS) had to show that FGM is a criminal offence in Iraq.
We also had to demonstrate that Kaky had committed an act in England and Wales, where the CPS has jurisdiction to prosecute, as part of the conspiracy to commit FGM.
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 “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.
Today, at Nottingham Crown Court, Kaky was convicted of conspiracy to commit FGM, and forced marriage.
It is the first time a person in England and Wales has been convicted of conspiring to commit FGM.
Jaswant Narwal, CPS national lead for ‘honour’-based abuse, female genital mutilation and forced marriage, added: “Female genital mutilation 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, but 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.”
Kaky is due to be sentenced at Nottingham Crown Court on 3 October.
Notes to editors
- Victims of female genital mutilation offences, including conspiracy to commit FGM, and forced marriage offences are entitled to lifelong anonymity.
- All victims of sexual offences in England and Wales, including children, are automatically guaranteed anonymity for life, meaning the court does not have to impose an order putting restrictions in place because the law protects the anonymity of a victim. This also extends to victims of female genital mutilation, forced marriage, and modern slavery. [See 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 starts from the moment an allegation is made and is guaranteed even when someone else reports the alleged offence in place of the victim, e.g. a parent or teacher, and lasts for the lifetime of the victim. - We remind all of the risks of jigsaw identification. As the defendant in this case has been named, there should be no reporting of details which link him to the victim
Jigsaw identification: The legal protection covers not just immediate identifying information such as the name, address, or images of the victim, but any other information which, on its own or pieced together with other information, would likely lead to members of the public identifying the victim.
Emad Kaky (DOB 19/10/1976) was charged with one count of conspiracy to commit female genital mutilation and one count of forced marriage - On 9 September he was convicted of conspiracy to commit FGM, and forced marriage.
- This is the third FGM conviction in England and Wales
- It is the first time a person has been convicted of conspiracy to commit FGM
- We secured the first conviction for FGM in February 2019, committed in the UK. We secured the second conviction, for assisting the commission of FGM overseas, in October 2023.
- 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.