PART 5Virginity testing and hymenoplasty offences
CHAPTER 1Virginity testing offences
Virginity testing offences: England and Wales
I21I45136Offence of virginity testing: England and Wales
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.
I46I31137Offence of offering to carry out virginity testing: 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 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).
I47I29138Offence of aiding or abetting etc a person to carry out virginity testing: 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 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).
I6I7139Virginity testing offences in England and Wales: penalties
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.
Virginity testing offences: Scotland
I12I32140Offence of virginity testing: Scotland
1
It is an offence under the law of Scotland 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 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.
5
In subsection (2), “female genitalia” means a vagina or vulva.
I26I35141Offence of offering to carry out virginity testing: Scotland
1
It is an offence under the law of Scotland—
a
for a person in Scotland 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 Scotland.
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 140(4);
“virginity testing” has the meaning given by section 140(2).
I11I10142Offence of aiding or abetting etc a person to carry out virginity testing: 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 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 140 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 140(4);
“virginity testing” has the meaning given by section 140(2).
I25I17143Virginity testing offences in Scotland: penalties and supplementary
1
A person who commits an offence under section 140, 141 or 142 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 140, 142 or 143 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).
Virginity testing offences: Northern Ireland
I3I18144Offence of virginity testing: Northern Ireland
1
It is an offence under the law of Northern Ireland 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 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.
5
In subsection (2), “female genitalia” means a vagina or vulva.
I30I19145Offence of offering to carry out virginity testing: 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 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 Northern Ireland.
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 144(4);
“virginity testing” has the meaning given by section 144(2).
I33I15146Offence of aiding or abetting etc a person to carry out virginity testing: 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 virginity testing that has a sufficient jurisdictional connection.
2
Virginity testing has a sufficient jurisdictional connection fr 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 144 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 144(4);
“virginity testing” has the meaning given by section 144(2).
I40I4147Virginity testing offences in Northern Ireland: penalties
A person who commits an offence under section 144, 145 or 146 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).
CHAPTER 2Hymenoplasty offences
Hymenoplasty offences: England and Wales
I14I9148Offence 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.
I20I43149Offence 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
I50I48150Offence 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
I8I23151Hymenoplasty 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
I13I27152Offence 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.
I49I22153Offence 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
I36I5154Offence 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
I1I24155Hymenoplasty 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
I39I34156Offence 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.
I38I28157Offence 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
I2I16158Offence 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
I44I42159Hymenoplasty 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).
CHAPTER 3Consequential amendments
I41I37160Consequential amendments relating to Part 5
Schedule 16 contains consequential amendments.