PART 5Virginity testing and hymenoplasty offences
CHAPTER 2Hymenoplasty offences
Hymenoplasty offences: England and Wales
I1I5148Offence of carrying out hymenoplasty: England and Wales
1
It is an offence under the law of England and Wales for a person to carry out hymenoplasty.
2
“Hymenoplasty” means the reconstruction of the hymen (with or without consent).
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.
I2I6149Offence of offering to carry out hymenoplasty: England and Wales
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 hymenoplasty in the United Kingdom or hymenoplasty that has a sufficient jurisdictional connection, or
b
for a person anywhere to offer to carry out hymenoplasty if the person is a United Kingdom national or habitually resident in England and Wales.
2
Hymenoplasty 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
I3I7150Offence of aiding or abetting etc a person to carry out hymenoplasty: England and Wales
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 hymenoplasty that has a sufficient jurisdictional connection.
2
Hymenoplasty 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 148 of any rule of law relating to aiding, abetting, counselling or procuring.
4
I4I8151Hymenoplasty offences in England and Wales: penalties
1
A person who commits an offence under section 148, 149 or 150 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.