Yes. Massachusetts Governor Charlie Baker signed Bill H4606, “An Act Relative to the Penalties for the Crime of Female Genital Mutilation,” into law (Chapter 149 of Acts of 2020) on August 6, 2020. This laws seeks to do the following:
- Promote inter-agency partnerships to prevent FGM/C
- Clarifies that FGM/C is illegal in Massachusetts for anyone under 18. Violators can face up to 5 years in prison or a $10,000 fine.
- Makes it Illegal to transport or send a minor for the purpose of FGM/C, either within the state or out of state. Violators can face up to 5 years, or a fine up to $10,000
- Calls on mandatory reporters (like teachers, doctors, and social workers) to report suspected cases of FGM/C.
- Allows survivors of FGM/C to file a civil lawsuit for damages within 10 years of the incident.
FGM/C (which has no medical benefit and is done to control a girl’s sexuality) and gender-affirming healthcare are two completely separate issues. Some politicians have incorrectly conflated the two very different issues, using the words “child sexual mutilation” while referring to trans youth care to disenfranchise the trans community.
While trying to protect girls who are at risk of FGM/C, or who are dealing with the consequences of it, laws must be carefully written so that they cannot be weaponized against trans youth seeking life-saving gender-affirming care.
Female Genital Mutilation/Cutting (FGM/C):
FGM/C is often performed on prepubescent girls because it is a social norm in practicing communities. It is a result of societal pressure placed on girls, deeming it necessary for them to be a woman, to be a member of their own culture and society, and to be married. FGM/C can have great psychological outcomes, such as PTSD, anxiety, and depression. Furthermore, these girls often have no choice in the matter, violating their bodily autonomy.
Gender-affirming care:
In contrast, gender-affirming care includes a wide range of treatments, including social interventions (new names and pronouns), pubertal suppression, hormone therapy, and gender-affirming surgeries. These treatments are associated with better mental health outcomes and minimal long-term side effects for trans people who receive them. Notably, gender-affirming surgeries, such as vaginoplasty, are usually performed on older adolescents who have shown a consistent gender identity, have stable mental health, and have parental support. These surgeries are undergone after meticulous medical care, often following other prior forms of treatment. Research has shown that regrets about having undergone this procedure are very rare. Furthermore, transgender people must consent to choices about their care as part of their right to bodily autonomy, something that is not present in FGM/C.
From the differences in mental health outcomes and rights to personal bodily autonomy, it is clear that FGM/C and gender-affirming care cannot be conflated as one issue under the guise of protecting children. Framing is thus key to protecting both girls from FGM/C and not conflating these protections with promoting bans on gender-affirming care.
FGM/C strips girls of their right to bodily consent and can have a great negative impact on their lives. In addition, it is important to consider LGBTQIA+ survivors of FGM/C, seeing as they, too, can be impacted by the practice. While gender-affirming care saves transgender people’s lives, standing as a positive improvement to their lives.
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Various terms across the globe are used to refer to the harmful practice of altering the genitalia for non-medical purposes. These include ‘female circumcision’, ‘female genital mutilation’ (FGM), ‘female genital cutting (FGC)’, ‘female genital mutilation/cutting’ (FGM/C), and ‘female genital surgeries’, ‘sunnath’, ‘khatna’, ‘khafd’ (or ‘khafz’) and other colloquial terms used by communities impacted by FGC.
The choice of terminology used for this harmful practice has been the subject of debate amongst academics, activists, and communities continuing it. This debate about what the “correct” terminology should be is rooted in the fact that the practice is understood through different viewpoints and feelings. For those engaged in continuing it, colloquial terms such as ‘khatna’ or ‘female circumcision,’ may be preferred. However, many advocates working to end it, choose to use the term ‘female genital mutilation,’ as they believe this term accurately conveys the severity of the harmful practice. The World Health Organization also refers to the harmful practice as female genital mutilation or FGM and believes that FGM clearly delineates the severity of the act and reinforces that it is a violation of human rights.
Some advocates and survivors avoids using the term “mutilation,” recognizing that the word comes with the negative connotation of “intending to harm.” As activists engaging in dialogue with communities to abandon the harmful practice, they recognize that communities do not intend to harm their daughters. Rather, they may continue FGC because they truly believe it is in the girl’s best interest, and/or they may feel pressured into having FGC done on their daughter by others in the community. The term “mutilation” can carry a judgmental tone, and to be able to work at the community level, advocate must first acknowledge that FGC is viewed as a social norm in communities impacted by FGC.
Dialogue and discussion can only occur if communities themselves are willing to engage with advocates and service providers, and that starts with our language choices.
Best practice when engaged in conversation and dialgoue with individuals from FGM/C impacted communities, is to emulate the terms they use to refer to the harmful practice.
Additional resources:
- To read more on the use of FGC terminology, please visit FGC vs. FGM.
In Massachusetts, female genital mutilation or cutting (FGM/C) is legally considered a form of child abuse. It is not specifically called out in the state’s Mandatory reporting laws, but the Massachusetts Department of Children and Families (DCF) has confirmed that FGM/C is considered child abuse. Mandated reporters who have reasonable cause to suspect that a child is a victim of FGM/C are legally required to report it to the DCF.
FGM/C is a form of child abuse
- Harmful non-medical procedure: The World Health Organization defines FGM/C as any procedure involving the partial or total removal of the external female genitalia or other injury to the female genital organs for non-medical reasons.
- Human rights violation: Both the U.S. government and the Commonwealth of Massachusetts recognize FGM/C as a violation of human rights and a form of gender-based violence.
- Significant health consequences: FGM/C has no health benefits and can cause severe, lifelong physical and psychological trauma, including chronic infections, severe bleeding, and childbirth complications.
- Criminal offense: Massachusetts law criminalizes performing FGM/C on anyone under 18, and it is considered a violent crime.
Requirements for mandated reporters in Massachusetts
If a mandated reporter in Massachusetts has “reasonable cause to believe” that a child under 18 has suffered or is at risk of suffering harm from FGM/C, they must take immediate action.
Steps for reporting suspected FGM/C:
- Immediate oral report: The reporter must immediately make an oral report to the DCF Child-At-Risk Hotline at 800-792-5200.
- Follow-up written report: A written report (known as a “51A”) must be filed with DCF within 48 hours.
- Criminal charges: If the abuse is severe, DCF will refer the case to the District Attorney, who can file criminal charges.
- Legal protection: Mandated reporters who file a report in good faith are protected from civil or criminal liability.
- Penalties for failure to report: Mandated reporters who willfully fail to report suspected abuse can face fines and imprisonment.
Important considerations
- Report, don’t investigate: It is the reporter’s duty to report the suspicion, not to investigate it. Asking excessive questions or delaying a report can potentially re-traumatize the child.
- Cultural sensitivity: While FGM/C can be rooted in cultural or traditional beliefs, Massachusetts law explicitly states that these are not valid defenses for the procedure. The focus of reporting is on the safety and well-being of the child.