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Why is it important for law enforcement to know about FGM/C?

Law enforcement has an important part to play in ending FGM/C. The practice of FGM/C is deeply rooted in cultural traditions which makes it challenging for women and girls to come forward and report their experiences. Women who have undergone FGM/C may turn to health care providers, trusted friends and family members rather than someone in law enforcement to discuss their experiences and seek help.  However, prevention and protection of children from undergoing any mutilation is essential. By understanding what FGM/C is, what the best practices are for addressing FGM/C, and what resources are available to support the community, law enforcement personnel can build the skills, confidence and capacity to address it as a crime.

Law enforcement experiences with FGM/C

We spoke with police officers, federal agents, and child protective service (CPS) agents to learn more about what is needed to help train law enforcement personnel on all matters related to FGM/C. Below are some of the challenges they brought up, and ideas and solutions for training and education. 

Challenges

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  • FGM/C needs its own code for CPS to better track where its happening and how often.
  • FGM/C needs to be specifically defined, not just included as battery or abuse. FGM/C is happening but is not always reported as such.
  • Learning about what happened from a child is a challenge and adults are not always willing to share information. Facts and details are the only way to build a case. 

Suggestions

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  • Show short videos on FGM/C during roll call.
  • Incorporate FGM/C education in trainings related to child abuse.
  • Make a plan for your team with protocols and procedures to follow when investigating FGM/C.​​​​​​ This guide “Law Enforcement Response to Child Abuse” can help you solidify your department's procedures. We included some points from this document that are particularly important when dealing with FGM/C cases, found here.

 

Tips when dealing with FGM/C cases:

  • Remain culturally aware and identify any personal or professional bias that you may have regarding FGM/C cases. Please review the cultural awareness section of this toolkit. 
  • Contact your supervisor to report the possible risk of FGM/C. If you believe there is a risk, consider calling child protective services to the scene.
  • Inquire about the family’s history. Bear in mind that people from communities where FGM/C is practiced may not recognize it as a form of child abuse and may not realize it is illegal.
  • Separate family members at the scene to gather potential elements of a crime and schedule a future forensic interview.
  • Similar to cases of physical and emotional abuse, children want the abuse to stop but may not want the family member responsible to be punished or jailed. 
  • Unlike most abuse cases, you may not be able to find conclusive evidence that FGM/C occurred depending on the type and severity of the mutilation. 
  • Before leaving the scene, ensure the child and family are provided supportive services and your contact information so any member of the family can report further information in the future.  
Suggestions on how to ask questions about a person’s background:

 

  • Where were you born? What about your parents?

  • Did you grow up in the United States?

  • What ethnic group do you belong to? Do you have a community here?

  • Do you speak multiple languages? What are they?

  • What do you speak at home?

  • Tell me about some of your cultural traditions. How do you celebrate?

  • What are your spiritual and religious beliefs?

  • What are some religious holidays you celebrate? How do you celebrate them?

These questions were adapted from: National FGM Centre

Please see below for case studies on legal challenges with FGM/C:

Case study 1

A case of FGM/C was reported to a federal agency. After a forensic interview with the father and child (victim - 9 years old), it was determined that the victim was not transported outside of state lines (which would have put it under federal law enforcement), and the case was then returned to local state law enforcement to investigate further.  

The local investigator considered whether to contact Child Protective Services, however, they were still unsure of whether a caretaker was in the role of the offender or not.  

The father of the victim suspected the mother had taken the child to get the procedure done. After interviewing the mother, the victim’s grandmother, and available extended family members who all denied involvement, there was no evidence to support the suspicion of the mother as the offender. However, during a forensic interview with the victim, she noted that she has been experiencing pain for years but couldn’t recall what caused it. Both the father and mother denied noticing any physical signs on the child due to other challenges in the home and no further details were confirmed. Continued challenges with gathering information ultimately led to the case being closed.

Case points to consider:

  • Under what circumstances are FGM/C cases under federal or state-level investigation.
  • What FGM/C statutes are in your state.
  • When to involve Child Protective Services.
  • Investigating FGM/C can involve a multitude of individuals and can be incredibly complex - it is helpful to gain familiarity with the language and terminology to use to aid with investigations.
  • Methods for investigating in a culturally sensitive way when a family has different cultural practices than you do. Tips can be found in our toolkit here.

Case study 2

Texas Woman Indicted for Transporting Minor for Female Genital Mutilation

Case points to consider:

  • Under what circumstances are FGM/C cases under federal or state-level investigation.
  • How can you prepare for a potential case where a girl has been sent out of the U.S. to have FGM/C performed? What steps need to be taken in this type of circumstance?

Case study 3

Michigan Doctor Charged with Performing Female Genital Mutilations

Case points to consider:

  • Under what circumstances are FGM/C cases under federal or state-level investigation.
  • 'Medicalization' of FGM/C are instances where the practice is done by a health care provider. Even if completed by a health care professional,1 FGM/C is still against the law and considered a human rights abuse. You can read more about medicalization through a United Nations Population Fund Policy Brief here. 
  • Consider the complexity of medicalization of FGM/C and all of the parties who may be involved in such a case. 

Case study 4

Wrongly accused of genital cutting, a Muslim mom won't accept 'case closed'

Case points to consider:

  • FGM/C is a practice that predates Abrahamic religions and is not rooted in any one religion despite common beliefs that it is.2
  • Is it important to remain culturally aware and sensitive when approaching potential cases of FGM/C. You can read more about cultural sensitivity around FGM/C here. 

-Page last updated 03/10/2023. Our team aims to regularly update this toolkit to ensure the most recent and accurate information is reflected.