Victorian Consolidated Legislation

Crimes Act 1958 - SECT 34A

Exceptions to offences under section 32

34A. Exceptions to offences under section 32



(1) It is not an offence against section 32 if the performance of the female
genital mutilation is by a surgical operation which is-

   (a)  necessary for the health of the person on whom it is performed and
        which is performed by a medical practitioner; or

   (b)  is performed on a person in labour or who has just given birth, and
        for medical purposes or the relief of physical symptoms connected with
        that labour or birth, and which is performed by a medical practitioner
        or a midwife; or

   (c)  is a sexual reassignment procedure which is performed by a medical
        practitioner.

(2) For the purposes of subsection (1)(a), in determining whether an operation
is necessary for the health of a person, the only matters to be taken into
account are those relevant to the medical welfare or the relief of physical
symptoms of the person.

(3) The burden of proving that the performance of the female genital
mutilation did not occur in any of the circumstances set out in subsection (1)
lies with the prosecution.

(5) Corpses