Legislation – Health and Care Act 2022

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PART 5Virginity testing and hymenoplasty offences

CHAPTER 2Hymenoplasty offences

Hymenoplasty offences: England and Wales

148Offence 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.

149Offence 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)

In this section—

“United Kingdom national” has the meaning given by section 148(4);

“hymenoplasty” has the meaning given by section 148(2).

150Offence 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)

In this section—

“United Kingdom national” has the meaning given by section 148(4);

“hymenoplasty” has the meaning given by section 148(2).

151Hymenoplasty 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.