Virginity Testing
Virginity testing, also known as a hymen test or "two-finger" test, is defined by the World Health Organisation (WHO) as a gynaecological examination conducted under the belief that it determines whether a woman or girl has had vaginal intercourse.2 The process involves placing two fingers or a medical instrument inside the vagina to check for an intact hymen (tissue at the vaginal opening). This can be a physical or a visual examination. There is no consensus around this definition as virginity testing can also be defined as checking for vaginal laxity (looseness) and examining the size of the vagina which could suggest vaginal intercourse. It must be noted that this definition is not widely used.
	Virginity testing is widely regarded as a form of violence and abuse against women and girls which stems from a patriarchal and repressive attitude towards women, with women and girls being often coerced and forced into having a virginity test against their will. In early 2021, the then Secretary of State for Health and Social Care and the Home Secretary commissioned an intensive Departmental review into virginity testing.
	The review concluded that virginity testing is not a medical procedure, but a vaginal examination with no scientific or clinical merit. Women and girls are often coerced or forced into virginity testing against their will. Virginity tests are carried out for cultural reasons and may be done before a young woman or girl gets married as proof of her "virginity" and so called "honour". Virginity testing can also be carried out in other circumstances, for example if a teenage girl is seen with a boy and there is a perceived need to "prove" that she is still a virgin. All stakeholders outlined that women and girls are often coerced or forced into having the "test" by their family members or their intended husband’s family. It is most prevalent in highly conservative communities. It is widely accepted as a form of violence against women and girls that can have short- and long-term impacts. Virginity testing can be physically harmful, in some cases causing damage to the hymen, bleeding and infection. Stakeholders have explained that virginity testing can also lead to anxiety, depression and post-traumatic stress disorder and suicide, especially if performed without the patient’s consent. There is anecdotal evidence that suggests girls as young as 13 are being subjected to virginity testing.
	The review’s finding and recommendations were published in the Violence Against Women and Girls strategy in July 2021, which states that virginity testing can have detrimental physical and psychological impacts on women and girls. In light of this decision, this Act therefore provides for the criminalisation of "virginity testing". Provisions in the Health and Care Act 2022 making it illegal to carry out, offer or aid and abet virginity testing in any part of the UK came into effect on 1 July 2022.