Why aren’t State and Federal laws applied? Clearly this is going and the elected officials are not doing a damn thing.
From the article…
She said the secrecy surrounding the practice makes it exceptionally difficult to detect and confront.
That’s why, can’t prosecute anyone for it if there aren’t actual complaints. The secrecy, shame, and the fear of going against your family is why.
Unfortunately that is why a lot of child abuse and familial abuse goes unpunished in every state and within every community.
Off course it is secretive and hard to detect. This is what the article is all about. What this means is that the Somali community clearly does not accept our laws. What is not acceptable from a “law” point of view is that the local DA’s are clearly not doing their job due to threat from the community.
Let’s hope this is going to open the doors for justice. This should never take place in America.
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Please don’t take this into an attack on people groups. That will get this shut down quickly.
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The article does not say anything about DA’s not doing their job because they are threatened by the community. So that seems like a wild assumption…
The simple fact is, DA’s can’t prosecute crimes that aren’t reported, that is the same in every community.
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Numbers do not lie.
“More than half a million women and girls in the United States are living with the physical and psychological scars of female genital mutilation — including many in Minnesota”
There is a “code of silence” far beyond than the victims. The DOJ has to investigate this.
Yes they families and their community. That’s why it goes unreported, and unreported crimes can’t be prosecuted.
What makes you think they haven’t? What makes you think they aren’t already? Even still, without victims and families willing to speak up, investigations could go nowhere and may not lead to prosecutions.
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More than half a million. This has to be the best kept atrocities. Even more reasons for the DOJ to go after this.
They have had a few cases it seems from a Chatgpt search but the cases are few and far between.
Without victim and witness cooperation, the DOJ (and any law enforcement) are pretty limited in what they can do.
It does appear to be on the DOJ radar, or at least it was in 2023 when this was published.
Such a sad concept
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Something quick has to be done. Clearly local law enforcement has to do more.
Gladly this is being reported for all to be aware.
I look at this as the old “battered spouse syndrome”, sometimes called battered person syndrome. It went unreported and under-reported for many, many years before authorities started noticing the signs and then actually started combating the issue. It will take a network of victims and their allies to resolve.
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I agree, that is what it will take to get more prosecutions.
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This part is key:
“In a high-profile federal case in Michigan in 2017, prosecutors alleged that two young girls were taken from Minnesota to undergo female genital mutilation. The case later collapsed because the judge ruled that Congress did not clearly have the constitutional authority, at the time, which expanded federal jurisdiction in cases involving interstate or international travel.”
That is beyond comprehension. Where is this judge today and has he/she ruled with the same outcome?
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From chatgpt
Here’s what happened after the 2018 ruling that the federal female genital mutilation (FGM) ban was unconstitutional — including what ended the case, how Congress responded, and what the current federal legal status is:
1. What the 2018 Ruling Did and Why
In November 2018, a federal judge in Detroit (Judge Bernard Friedman) struck down the 1996 federal FGM ban as unconstitutional, saying Congress lacked authority under the Commerce Clause to criminalize FGM as it was written, and the charges in United States v. Nagarwala were dismissed. (Wikipedia)
- The decision applied to the 1996 Female Genital Mutilation Act under 18 U.S.C. § 116.
- The judge held it wasn’t a commercial activity substantially affecting interstate commerce (a common constitutional basis for federal criminal law). (Wikipedia)
As a result:
- Key charges against Dr. Jumana Nagarwala and others were dismissed. (Wikipedia)
- Remaining charges in that specific case included conspiracy and obstruction but not FGM itself, because the law was voided. (Wikipedia)
2. Did the Government Appeal?
Yes, but not successfully.
- After the judge’s ruling, the U.S. Department of Justice initially appealed to the U.S. Court of Appeals for the Sixth Circuit.
- At some point, the DOJ withdrew its own appeal and did not continue defending the old statute. (GovInfo)
- The U.S. House of Representatives did file an appeal/intervene to defend the law, but that effort did not ultimately succeed in restoring the law as it stood. (Reddit)
So the district court’s ruling stood, and the 1996 statute could not be used for FGM prosecutions as-written.
3. Congress Passed a New Federal Law — STOP FGM Act of 2020
In response to the 2018 ruling, Congress amended and strengthened the federal FGM statute:
- In January 2021, the Strengthening the Opposition to Female Genital Mutilation Act of 2020 (the “STOP FGM Act”) was enacted into law. (Department of Justice)
- This act clarified and updated the federal FGM ban — refining definitions, expanding elements of the offense, and making it clearer that the practice is illegal as a federal crime. (Department of Justice)
- It also increased penalties and required federal agencies, including the Attorney General, to report to Congress on FGM prevalence and enforcement actions. (GovInfo)
That law reaffirmed federal prohibition and was drafted in part to address the constitutional concerns raised by the 2018 decision by explicitly strengthening Congress’s findings and framing of the statute. (GovInfo)
4. Current Federal Legal Status
- The original 1996 statute that was ruled unconstitutional is no longer operative as written. (Wikipedia)
- The STOP FGM Act of 2020 is now the federal legal basis for criminalizing FGM and related offenses. (Department of Justice)
- Under the updated law (18 U.S.C. § 116 as amended), performing, attempting, or conspiring to perform FGM on someone under 18 — or transporting a minor for FGM — is a federal crime with penalties increased to up to 10 years imprisonment in many instances. (GovInfo)
Federal prosecutions under the new law have begun — for example, a 2021 indictment in Texas involving transportation for FGM — and the DOJ has defended federal authority to prosecute these offenses. (Wikipedia)
5. State Law Responses
Because of the constitutional ruling, many states moved to strengthen their own laws:
- Michigan, for example, passed a state-level FGM ban after the federal statute was struck down to ensure the practice was criminal even at the state level. (Fox News)
- Today, most states have their own criminal prohibitions against FGM, though a few states still lack specific statutes even now. (Wikipedia)
Summary
| Milestone | Outcome |
|---|---|
| 2018 Judge rules federal FGM ban unconstitutional | Federal charges in Nagarwala largely dismissed; law struck down. (Wikipedia) |
| DOJ appeal & House intervenes | DOJ withdrew appeal; House effort did not revive old statute. (Reddit) |
| 2020 STOP FGM Act (effective 2021) | Congress passed revised federal FGM ban addressing constitutional concerns. (Department of Justice) |
| Current enforcement | Federal prosecutions under the updated law have occurred; state laws also criminalize FGM. (Wikipedia) |
Another thing that makes FGM so hard to fight. The numbers for child sexual assault are somewhere around 85-90%, where the family or a very close family friend is responsible for the assault. This FGM has got to be somewhere north of 90% where the family is involved. It’s a SAVAGE practice, but families just don’t testify against family. It’s going to take that network of allies, and some of them are going to have to be politicians and lawmakers in that network.
I remember when human trafficking news was new. Now, the general public, (but especially the law enforcement and medical communities) are more aware of the signs to look for when identifying victims. The general public would rather talk about something else than address human trafficking or FGM. It’s uncomfortable.
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Yep but then in many respects the general public is powerless to do much. I mean we can post here about it, write politicians, etc. but that doesn’t do much. It’s not like the general public will be in a position to witness, or stop or anything with FGM.
Same goes for trafficking but that is a higher chance of the general public seeing signs of it so the awareness helps.
What would be productive and surely a major move going forward would be to have this judge explain in details what went through his verdict. It is all so stale to read a verdict. This would be journalism 101 for me. Let’s find out from judge Friedman how he came up with this verdict. There is more to this than just chaptgpt.
States that have outlawed FGM:
Yes Minnesota is one of them.
Here’s his 28 page decision that discusses that if you’re interested.
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Typically that would be in the written decision and part of the court record. Looks like RT found it for you.
Now why not question the Congress people who wrote the defective law?