Female Genital Mutilation in the United States: The Tension Between Feminism and Multiculturalism and its Effect on Eradication Efforts

Abstract

In 1996, Congress passed, and the President signed into law, the Female Genital Mutilation (FGM) Act. This law was intended to eradicate the brutal practice of the mutilation of the genitalia of girls under the age of 18 within the United States. With the government reporting large numbers of girls either at risk or having already suffered the effects of this criminal activity, it is incomprehensible that to date, only one prosecution has taken place. This paper posits that this disparity is the result of a tension between traditional, or universalist feminist ideology, and its modern multiculturalist strain that finds strict condemnation of FGM problematic. This paper will show evidence that the latter has permeated the law enforcement regime established in the statute and altered its trajectory from a balanced approach of education and law enforcement, to one heavily reliant on education and community outreach. Further evidence will reveal that the 21-year failure to prosecute individuals engaged in this criminal activity, did not just happen, but was orchestrated through the elevation of multicultural sensitivities above the societal obligation to protect children from acts of violent bodily harm through the application of tough law enforcement.