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The fact that the girl is under 18 years of age does not in itself make out a case of FGM. The legal age of persons concerned with FGM in a legal sense is only 16. The law should not by a misconception of the term, make out a case of FGM where a girl is upwards of 18 years of age. The law should not by a misconception of the term, make out a case of FGM where a girl is upwards of 16 years of age. The law should not by a misconception of the term, make out a case of FGM where a girl is upwards of 15 years of age. In such a case, the girl should be treated as an adult.


The common law defence of 'due provocation' is not applicable to FGM. This is because the main purpose of FGM is not to prevent the occurrence of a harmful act against the victim but rather to prevent the victim becoming pregnant. The law recognises that the victim is not suffering from rape or any other illegal act which may constitute self-defence, regardless of the length of time between the commission of a harmful act and the notice of offence. The High Court has held that due provocation can be based on a number of possibilities including, but not limited to, the circumstances of the alleged offence, injury to, or destruction of, the accused's property, breach of trust or breach of individual expectations of the accused. The Court has further held that "due provocation" is not confined only to those cases where harm is justifiable and the accused was informed of the harm. "Due provocation," rather, must include a full and clear appreciation of that harm and that the harm was a real consequence, independent of the actual harm resulting from the alleged offence and their own conduct. d2c66b5586






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