(1) The Female Genital Mutilation Act 2003 is amended as follows.
(2) After section 3 insert -
"3A Offence of failing to protect girl from risk of genital mutilation
(1) If a genital mutilation offence is committed against a girl under the age of 16, each person who is responsible for the girl at the relevant time is guilty of an offence.
This is subject to subsection (5).
(2) For the purposes of this section a person is "responsible" for a girl in the following two cases.
(3) The first case is where the person -
(a) has parental responsibility for the girl, and
(b) has frequent contact with her.
(4) The second case is where the person -
(a) is aged 18 or over, and
(b) has assumed (and not relinquished) responsibility for caring for the girl in the manner of a parent.
(5) It is a defence for the defendant to show that -
(a) at the relevant time, the defendant did not think that there was a significant risk of a genital mutilation offence being committed against the girl, and could
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