Part 5: Virginity Testing and Hymenoplasty Offences Hymenoplasty Offences: England and Wales Section 150: Offence of aiding or abetting etc a person to carry out hymenoplasty: England and Wales
Section 150(1) makes it an offence under the law of England and Wales for a person who is in England and Wales, or a person outside England and Wales but who is a United Kingdom national or habitually resident in England and Wales, to aid or abet, counsel or procure the carrying out of hymenoplasty which has a sufficient jurisdictional connection. Subsection (2) defines this connection as the person undergoing the procedure either being in the United Kingdom or being a UK national or habitual resident.
	This offence would cover the case where, for example, a father makes arrangements from within England and Wales for his (UK national or habitual resident) daughter to have the procedure overseas. It would also cover the case where, for example, a woman makes arrangements from England for her niece (not a UK national or habitual resident) to have the procedure in Scotland, while she remains in England. It would also be an offence for a parent (a UK national or habitual resident of England and Wales) who travels overseas with their daughter, and who makes the arrangements for, or assists with, their daughter undergoing the procedure while there, provided she is also a UK national or habitual resident.
	This offence is primarily aimed at the case where the person carrying out procedure is outside the UK and is not a UK national or habitual resident. If they were a UK national or habitual resident, they would be guilty of an offence under section 148, and a UK national or habitual resident of England and Wales who aids and abets, or encourages or assists, that offence would be liable under existing inchoate offences, including if they were outside the UK. But as it might be difficult to establish the nationality or habitual residence of the person carrying out the hymenoplasty, the offence does not depend on the person carrying out the procedure being a foreign national. Subsection (3) makes it clear that the inclusion of these offences does not affect the existing rules on secondary liability in relation to the main offence of hymenoplasty.