Third FGM conviction in England and Wales

A jury in a ‘landmark case’ in Nottingham Crown Court, found a man guilty, on 9 September 2024, for conspiring to commit FGM against a young girl under the FGM Act.  He was sentenced to 4.5 years in prison on 03 October. This, according to the Crown Prosecution Service (CPS), is a legal first in England and Wales (E&W).

Emad Kaky had arranged for a girl to be taken to Iraq from the UK where she would have undergone FGM and been forced to marry. The offences were allegedly committed between January and September 2019, while he was living in Nottingham

But his plans were uncovered by a witness who arranged for the girl to travel back to the UK. The witness also reported him to the police. When arrested he was charged with conspiracy to commit FGM and forced marriage. He denied the charges.

He has been remanded into custody and was sentenced on October 3rd.

Details of FGM trials, prosecutions and convictions in E&W can be accessed here.

The only FGM conviction in Dublin, Ireland was squashed in July 2024. Details can be accessed here.

Crown Prosecution Service Report 

The transcript of the Nottingham case by the CPS is reproduced in full below.

“A former PhD student has been found guilty of conspiring to commit female genital mutilation (FGM) against a young girl in the first conviction of its kind in England and Wales.

Emad Kaky, 47, from Swansea, arranged for the child to travel from the UK to Iraq where he had organised for her to be subjected to FGM and forced into marriage.

Janine McKinney, Chief Crown Prosecutor for CPS East Midlands, said: “Female genital mutilation is a horrific crime to subject anyone to – let alone a child.

“There was clear evidence that Emad Kaky had intended for this young girl to suffer incredible harm and to be forced into an illegal marriage she would have had no ability to resist at such a young age.

“This landmark case sends a strong message to offenders of this sickening crime – just because an offence has been committed somewhere else in the world does not stop you facing prosecution.

“We will explore every avenue in our pursuit to get justice for victims, wherever our legal test is met.”

Before the crimes could be carried out, Kaky’s plans were uncovered by a witness who arranged for the victim to travel back to the UK and reported him to the police.

Kaky was arrested and charged with conspiracy to commit FGM and forced marriage, which he denied.

Vital to the case proceeding to trial after the defence team put forward a legal argument for dismissal, the Crown Prosecution Service (CPS) had to show that FGM is a criminal offence in Iraq.

We also had to demonstrate that Kaky had committed an act in England and Wales, where the CPS has jurisdiction to prosecute, as part of the conspiracy to commit FGM.

Instructing a legal expert in the law of Iraq, our prosecutors were able to point to an area of the Iraqi penal code which outlined it as an offence – resulting in the defence dropping their argument and the case being able to proceed.

Proving that Kaky had committed an act in England and Wales as part of the conspiracy, prosecutors presented evidence that showed he had booked and paid for the trip to Iraq while living in Nottingham.

Messages retrieved from his phone showed Kaky clearly intended for the victim to be subjected to FGM and forced into marriage. He went on to defend his actions when a witness challenged him, calling FGM “normal”.

To further help the jury understand what FGM involves, the prosecution secured evidence from a cultural expert, who gave evidence about the practices and the physical and psychological harm it can inflict on victims.

Today, at Nottingham Crown Court, Kaky was convicted of conspiracy to commit FGM, and forced marriage.

It is the first time a person in England and Wales has been convicted of conspiring to commit FGM.

Jaswant Narwal, CPS national lead for ‘honour’-based abuse, female genital mutilation and forced marriage, added: “Female genital mutilation is a form of violence against women and girls.

“There are many complexities involved in prosecuting this type of offending, which can be committed in close-knit communities, historically, and abroad, but this is no barrier to the CPS prosecuting wherever our legal test is met.

“We are clear there is no place for this unacceptable practice in society. We will continue to work tirelessly with our partners to safeguard and support victims of FGM and bring perpetrators to justice.”

Kaky was  sentenced at Nottingham Crown Court on 3 October and received 4.5 years imprisonment.

Updated 14 Oct 2024