Background on FGM/C in West Virginia

According to estimates by the Population Reference Bureau in 2013, 124 women and girls have undergone or are at risk of FGM/C in West Virginia. Updated estimates are urgently required, especially because this statistic is both outdated and based solely on FGM/C prevalence from diaspora communities.

In 1999, the West Virginia legislature passed W. Va. Code § 61-8D-3A. This law makes it a felony to perform, or for parents, guardians, or custodians to allow, FGM/C on persons under the age of 18. Those found guilty face between two and ten years in prison, as well as a fine of between $1,000 and $5,000. Moreover, the law specifically denotes that the belief the practice “is required as a matter of custom, ritual or standard practice” or that the minor provided consent are not defenses to criminal prosecution. There is no statute of limitations included.

The law does create a surgical exception when “necessary to preserve the health of the child” and performed by a licensed medical professional or when “performed on a child who is in labor or has just given birth for legitimate medical purposes.” Aside from this, the law itself is relatively short: there are no provisions regarding data collection, outreach, education, mandatory reporting, or vacation cutting.

To date, there have been no criminal prosecutions under the statute. 

A New Bill Strengthening Existing FGM/C Legislation was Passed by the West Virginia Legislature in March 2024.

In February 2024, HB 5662 was introduced to amend the current law on FGM/C. The bill added the phrase “or a person in a position of trust in relation to a child” to the list of people who can be prosecuted for allowing FGM/C to occur. The bill passed in March, and went into effect on June 5th. 

The passage of this bill is a welcome step forward, however, a more comprehensive approach is still needed to respond effectively to FGM/C in West Virginia. This should include strengthened language and the addition of more progressive elements to the existing law. For example, as well as prohibiting FGM/C, the law should include provisions for sustained outreach and education, prevention, survivor services, and multi-sectoral stakeholder training. It must also prohibit the transport of women and girls for the purpose of FGM/C or “vacation-cutting.” Finally, the statute should apply to all women and girls, not just those under the age of 18. 

Equality Now welcomes the passage of this bill in West Virginia, while advocating for the future inclusion of additional comprehensive provisions necessary to address FGM/C in the state and positively impact all those who have undergone or are at risk of FGM/C.