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Prosecutor says defendants in genital mutilation case also committed sex crime - MLive.com

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DETROIT, MI -- Federal prosecutors consider circumcision of girls a form of sexual assault, based on statement made in court this week.

While the motive in a female genital mutilation case now making its way through Detroit's federal court isn't sexual gratification, to arouse, humiliate, degrade or harass the victim, but rather rooted in religious or cultural tradition, it still meets the definition of sexual assault, Assistant U.S. Attorney Sarah Woodward said during a detention hearing Wednesday.

It's about more than just sexual arousal, she said.

Dr. Jumana Nagarwala, 44, of Northville a former physician at Henry Ford Hospital, along with Dr. Fakhruddin Attar, 53, and his wife, Farida Attar, 50, both of Livonia, are accused of coordinating and performing surgeries on at least two children, both 7-year-old girls from Minnesota, at Dr. Attar's Burhanin Medical Clinic on Feb. 3.

The Prosecution say the evidence they'll present to prove the illegal operations occurred include phone records, interviews with and examinations of the young girls and surveillance footage.

Prosecutors with the U.S. Attorney's Office in Detroit say Farida Attar assisted Nagarwala with at least those two genital mutilation surgeries, but claim the Attars have participated in or coordinated the religious-based procedures on "a long line" of girls since 2005. At least three other Michigan cases are being investigated and Woodward said there are believed to be "numerous" others. 

Female circumcision, also known as female genital mutilation, was banned under federal law in 1997.

The trio is charged with multiple crimes stemming from violation of that law, as well as claims they made false statement and attempted to tamper with witnesses during the investigation.

Nargarwala and Dr. Attar, however, are charged with the most serious crime, transportation with intent to engage in criminal sexual activity, punishable by a minimum of 10 years prison.

Woodward explained how the surgery constitutes sexual activity in court Wednesday.

Someone who transports a minor between two or more states for the purpose of sexual activity is in violation of the federal law. 

A sexual act is defined as: "the penetration, however slight, of the vulva or anus or mouth, of another by any part of the body or by any object, with an intent to abuse, humiliate, harass, or degrade any person or to arouse or gratify the sexual desire of any person."

Because female genital mutilation is illegal, it is inherently abuse, and therefore a violation of the statute, Woodward summarized in court. 

The practice of female circumcision has existed for centuries in certain Muslim sects, including the Dawoodi Bohra, the faction the Attars and Nagarwala prescribe to, according to federal court filings.

The sect originated in western India and has traditionally condoned genital mutilation for young girls.

The practice involves removal of portions of or the entirety of a woman's labia or clitoris, usually between 6 and 9, according to prosecutors.

The reasons for the operation vary, but include religious tradition, hygiene and intent to reduce sexual urges in women to decrease infidelity and promote virginity, according to the World Health Organization, an aggressive opponent of the practice. 

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