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NC Senate seeks ban on female genital mutilation

State Senate leaders are backing a measure to make it a felony to perform genital mutilation on girls under 18. They say a state ban is needed because a federal ban was thrown out last year in federal court.

Posted 2019-01-30T18:43:50+00:00 - Updated 2019-01-30T23:00:42+00:00

With federal ban on genital mutilation thrown out by courts, some say NC needs state ban

Laura Leslie

, WRAL Capitol Bureau chief

North Carolina Senate leaders said Wednesday they're backing a measure to make it a felony to perform genital mutilation on girls under 18.

According to Lt. Gov. Dan Forest, a state ban is needed because a federal ban was thrown out last year in federal court.

The federal ban was enacted in 1996. In November, a federal judge in Michigan pronounced it unconstitutional, saying criminal statutes are required to be left up to the states.

Sen. Joyce Krawiec, R-Forsyth, said 28 other states have enacted bans.

"We don't know how prevalent it is in our state or even in the country, for that matter," Krawiec said. "But the CDC estimates that there are 500,000 women who either have been a victim of this procedure or at risk of being a victim, and one third of those are girls."

The proposal would make it a Class C felony for a provider to perform the surgery on anyone under the age of 18, even with the child's consent.

Krawiec said she supports making it a felony to perform FGM on anyone, regardless of age, but some lawmakers felt adult women should have the right to make that choice for themselves.

"But it's child abuse when it's a young girl," she said.

Krawiec said the proposal also includes a "no defense" clause for claims that FGM is a cultural ritual. According to the United Nations Population Fund, FGM is practiced by adherents to several religions, primarily in regions of Africa but also in areas of South America and eastern Europe.

"This isn't a religious practice," Forest said. "It's a cultural practice."

He and Krawiec said they've heard from several groups about the need for the ban, and so far, they know of no opposition to the idea.

Asked who would be culpable under the law, Krawiec said the provider would be charged, but she added that practitioners often are not doctors. She said parents could be charged as well.

Some supporters of FGM have compared it to male circumcision. Asked about that, Krawiec said they're not similar at all.

"Circumcision does no harm," she said. "The FGM absolutely does harm. Sexual sensations are gone forever, and that is not that case – as all you guys can attest – that's not the case with circumcision."