PART 5Virginity testing and hymenoplasty offences

CHAPTER 2Hymenoplasty offences

Hymenoplasty offences: England and Wales

I1I13148Offence 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.

I2I14149Offence 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

In this section—

  • “United Kingdom national” has the meaning given by section 148(4);

  • “hymenoplasty” has the meaning given by section 148(2).

I3I15150Offence 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

In this section—

  • “United Kingdom national” has the meaning given by section 148(4);

  • “hymenoplasty” has the meaning given by section 148(2).

I4I16151Hymenoplasty 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.

Hymenoplasty offences: Scotland

I5I17152Offence of carrying out hymenoplasty: Scotland

1

It is an offence under the law of Scotland 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 Scotland, or

b

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

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.

I6I18153Offence of offering to carry out hymenoplasty: Scotland

1

It is an offence under the law of Scotland—

a

for a person in Scotland 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 Scotland.

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 152(4);

  • “hymenoplasty” has the meaning given by section 152(2).

I7I19154Offence of aiding or abetting etc a person to carry out hymenoplasty: Scotland

1

It is an offence under the law of Scotland for a person who is in Scotland, or for a person who is outside Scotland but who is a United Kingdom national or habitually resident in Scotland, to aid, abet, counsel, procure or incite 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 152 of any rule of law relating to aiding, abetting, counselling, procuring or inciting.

4

In this section—

  • “United Kingdom national” has the meaning given by section 152(4);

  • “hymenoplasty” has the meaning given by section 152(2).

I8I20155Hymenoplasty offences in Scotland: penalties and supplementary

1

A person who commits an offence under section 152, 153 or 154 is liable—

a

on summary conviction, to imprisonment for a term not exceeding 12 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).

2

Where a person outside Scotland commits an offence under section 152, 153 or 154 the person may be prosecuted, tried and punished for the offence—

a

in a sheriff court district in which the person is apprehended or in custody, or

b

in a sheriff court district determined by the Lord Advocate,

as if the offence had been committed in that district.

3

Where subsection (2) applies, the offence is, for all purposes incidental to or consequential on the trial and punishment, deemed to have been committed in that district.

4

In this section “sheriff court district” is to be construed in accordance with section 307(1) of the Criminal Procedure (Scotland) Act 1995 (interpretation).

Hymenoplasty offences: Northern Ireland

I9I21156Offence 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.

I10I22157Offence 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).

I11I23158Offence 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).

I12I24159Hymenoplasty 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).