PART 5Virginity testing and hymenoplasty offences

CHAPTER 2Hymenoplasty offences

Hymenoplasty offences: Northern Ireland

I1I5156Offence of carrying out hymenoplasty: Northern Ireland

1

It is an offence under the law of Northern Ireland 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 Northern Ireland, or

b

is outside the United Kingdom, and is a United Kingdom national or habitually resident in Northern Ireland.

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.

I2I6157Offence of offering to carry out hymenoplasty: Northern Ireland

1

It is an offence under the law of Northern Ireland—

a

for a person in Northern Ireland 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 Northern Ireland.

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

In this section—

  • “United Kingdom national” has the meaning given by section 156(4);

  • “hymenoplasty” has the meaning given by section 156(2).

I3I7158Offence of aiding or abetting etc a person to carry out hymenoplasty: Northern Ireland

1

It is an offence under the law of Northern Ireland for a person who is in Northern Ireland, or for a person who is outside Northern Ireland but who is a United Kingdom national or habitually resident in Northern Ireland, 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 156 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 156(4);

  • “hymenoplasty” has the meaning given by section 156(2).

I4I8159Hymenoplasty offences in Northern Ireland: penalties

A person who commits an offence under section 156, 157 or 158 is liable—

a

on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);

b

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