SB 1438 creates a new criminal offense for performing female genital mutilation on a person under 18 years of age. The bill defines the prohibited conduct to include knowingly circumcising, excising, or infibulating all or part of the labia majora, labia minora, or clitoris of a minor. It also specifies that the offense is a class D felony.
The bill includes narrow medical exceptions. A procedure is not prohibited if it is necessary to the health of the patient and performed by a licensed physician, or if it is performed for a medical purpose during labor or immediately after birth by a licensed physician, nurse-midwife, or a person in training to become one. The bill further states that a procedure is not considered medically necessary or medically purposeful if the claimed basis is custom or ritual rather than a genuine medical need.
Impact
If enacted, the bill would add a new section to the General Statutes effective October 1, 2025, making female genital mutilation of minors a felony offense in Connecticut. It would affect physicians, nurse-midwives, trainees, and any other person who performs the prohibited procedures, while preserving limited exceptions for legitimate medical care related to health or childbirth. The bill would also create a clear statutory basis for criminal enforcement against non-medical or culturally motivated genital cutting of minors.
Sentiment
The available legislative history suggests strong and unanimous support in committee, with the Joint Favorable vote passing 41-0. No committee transcript is available, but the vote indicates broad agreement on the need to prohibit female genital mutilation and to treat it as a serious criminal offense. The absence of recorded opposition in the vote history suggests the bill was not controversial at the committee stage.
Contention
The main policy distinction in the bill is between prohibited genital cutting and permitted medical procedures. Any contention would likely center on how to distinguish genuine medical necessity from procedures justified by custom, ritual, or non-medical beliefs, as well as on the scope of the exceptions for childbirth-related procedures and licensed medical professionals. Based on the vote tally, however, no significant opposition is evident in the available record.