Health and Care Act 2022

Virginity testing offences: England and Wales E+W

136 Offence of virginity testing: England and Wales E+W

(1) It is an offence under the law of England and Wales for a person to carry out virginity testing.

(2) “Virginity testing” means the examination of female genitalia, with or without consent, for the purpose (or purported purpose) of determining virginity.

(3) An offence is committed under subsection (1) only if the person—

(a) is in England and Wales, or

(b) is outside the United Kingdom, and is a United Kingdom national or habitually resident in England and Wales.

(4) “United Kingdom national” means an individual who is—

(a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,

(b) a person who under the British Nationality Act 1981 is a British subject, or

(c) a British protected person within the meaning of that Act.

(5) In subsection (2), “female genitalia” means a vagina or vulva.

Commencement Information

I1 S. 136 not in force at Royal Assent, see s. 186(6)

I2 S. 136 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

137 Offence of offering to carry out virginity testing: England and Wales E+W

(1) It is an offence under the law of England and Wales—

(a) for a person in England and Wales to offer to carry out virginity testing in the United Kingdom or virginity testing that has a sufficient jurisdictional connection, or

(b) for a person anywhere to offer to carry out virginity testing if the person is a United Kingdom national or habitually resident in England and Wales.

(2) Virginity testing has a sufficient jurisdictional connection for the purposes of subsection (1)(a) if it is carried out in relation to a person who is—

(a) a United Kingdom national, or

(b) habitually resident in the United Kingdom.

(3) In this section—

• “United Kingdom national” has the meaning given by section 136(4);

• “virginity testing” has the meaning given by section 136(2).

Commencement Information

I3 S. 137 not in force at Royal Assent, see s. 186(6)

I4 S. 137 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

138 Offence of aiding or abetting etc a person to carry out virginity testing: England and Wales E+W

(1) It is an offence under the law of England and Wales for a person who is in England and Wales, or for a person who is outside England and Wales but who is a United Kingdom national or habitually resident in England and Wales, to aid, abet, counsel or procure the carrying out of virginity testing that has a sufficient jurisdictional connection.

(2) Virginity testing has a sufficient jurisdictional connection for the purposes of subsection (1) if it is carried out in relation to a person who is—

(a) in the United Kingdom,

(b) a United Kingdom national, or

(c) habitually resident in the United Kingdom.

(3) This section does not affect the application to an offence under section 136 of any rule of law relating to aiding, abetting, counselling or procuring.

(4) In this section—

• “United Kingdom national” has the meaning given by section 136(4);

• “virginity testing” has the meaning given by section 136(2).

Commencement Information

I5 S. 138 not in force at Royal Assent, see s. 186(6)

I6 S. 138 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

139 Virginity testing offences in England and Wales: penalties E+W

(1) A person who commits an offence under section 136, 137 or 138 is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the maximum summary term for either-way offences or a fine (or both);

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).

(2) In subsection (1)(a) “the maximum summary term for either-way offences” means—

(a) in relation to an offence committed before the time when paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 comes into force, 6 months;

(b) in relation to an offence committed after that time, 12 months.

Commencement Information

I7 S. 139 not in force at Royal Assent, see s. 186(6)

I8 S. 139 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)