On Thursday 3 October 2024, University academic Emad Kaky, aged 47, was sentenced to four and a half years in prison after being found guilty of conspiring to commit female genital mutilation (FGM) and forcing a young girl into marriage. The former Nottingham resident arranged for the girl to be sent to Iraq, where she would have been subjected to FGM and coerced into an unwanted marriage. The Crown Prosecution Service (CPS) confirmed that this is the first conviction of its kind in England and Wales, marking a significant moment in the fight against FGM.

Despite the symbolic importance of this conviction, the outcome raises uncomfortable questions about the legal system’s response to such heinous crimes. FGM is a practice that inflicts irreversible physical and psychological damage on girls and women. Yet, in this case, Kaky’s sentencing of just four and a half years seems woefully inadequate for the magnitude of the crime, highlighting a disturbing gap between the severity of the offence and the punishment imposed.

FGM comes in four different categories, each more horrific than the last. There’s the clitoridectomy, where parts or all of the clitoris are removed; excision, which involves removing parts of the clitoris and inner labia; infibulation, where the vaginal opening is narrowed by cutting and repositioning the labia; and other barbaric procedures such as pricking, piercing, cutting, scraping, or burning the genital area.

FGM is often practised for cultural, religious, and social reasons within families and communities, typically under the misguided belief that it benefits the girl, preparing her for marriage and preserving her virginity.

Globally, FGM is acknowledged as a severe violation of the human rights of girls and women, stemming from deeply ingrained gender inequality. It represents a particularly extreme form of discrimination and is typically inflicted on young children by traditional practitioners, making it a violation of children’s rights as well.

Currently, over 230 million women globally are believed to have undergone FGM, with an alarming 4 million girls at risk of facing these procedures every year. The practice often begins as early as infancy, with girls as young as 9 months to 3 years old being subjected to FGM.

Despite its global condemnation, cases like that of Emad Kaky reveal that this barbaric practice persists, and worse, some individuals are willing to conspire to ensure that it continues. Kaky, an academic living in the UK, believed he could subject a vulnerable young girl to this life-altering ordeal, a crime that should never have a place in any society.

In 2019, Emad Kaky set in motion plans to send a young girl to Iraq, where she would have been subjected to FGM and forced into an arranged marriage, as reported by Sky News. During this time, Kaky meticulously arranged the victim’s travel, confident that his plan would go unnoticed.

Kaky’s belief in the cultural justification for such actions was deeply ingrained. Yet, it was the intervention of a brave witness that ultimately spared the girl from this brutal fate. The witness helped the girl return to the UK and promptly reported Kaky’s intentions to the authorities.

Evidence from Kaky’s WhatsApp messages showed he had no qualms about the cruelty of the act. His communications laid out in disturbing detail how he intended for the girl to undergo FGM as part of the preparation for a forced marriage. Indeed, according to the CPS, these digital exchanges became critical in securing his conviction.

Janine McKinney, the Chief Crown Prosecutor for CPS East Midlands, stated: “Today, Emad Kaky has faced the consequences of his actions in trying to get a young, innocent girl subjected to female genital mutilation and to be forced into a marriage not of her choosing.”

Despite recognising the cultural pressures that may have influenced Kaky, the judge noted that he had resisted such pressures when making personal decisions, such as marrying for love rather than submitting to an arranged marriage. His actions toward this girl, therefore, were driven by more than just external influences; they reflected a deliberate disregard for her rights and well-being.

If we are to truly eradicate FGM, we must begin by acknowledging that the punishment should fit the crime. Kaky’s sentence does not reflect the seriousness of the offence, nor does it serve as a strong enough deterrent for others who may be tempted to engage in such horrific practices. What message does it send when someone convicted of planning to mutilate a young girl receives less than four years in prison? The system, it seems, has once again failed women and girls, particularly those most vulnerable to these kinds of abuses.

For too long, FGM has been treated as a “cultural” issue rather than the brutal violation of human rights that it is. The time has come for the judicial system to take a stand. Punishments must be severe enough to send a clear message that FGM and forced marriage will never be tolerated, under any circumstances.

If we are serious about protecting women and girls from such barbaric practices, the justice system must start treating these cases with the seriousness they deserve. Four years in jail for plotting to mutilate a young girl is an insult not just to the victim, but to every woman and girl at risk of FGM. This practice is a form of torture, and the law should treat it as such.