Legislation – Health and Care Act 2022

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PART 5Virginity testing and hymenoplasty offences

CHAPTER 1Virginity testing offences

Virginity testing offences: Northern Ireland

144Offence 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.

145Offence 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).

146Offence 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).

147Virginity 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).