Supreme Tribunal of Spain (Tribunal Supremo), Section II, No. 399/2014, 8 May 2014

Recourse against conviction for female genital mutilations, victims were two minor daughters of the couple of defendants. Evaluation of the error about the criminal law.

Art. 149.2 Spanish criminal code
Art. 14 Spanish criminal code

There cannot be error, not even avoidable, about the criminal law incriminating female genital mutilation when the perpetrators have been resident in the country for many years, are well integrated in the Spanish culture and are aware of the legal prohibition.

(The court of second and last instance upheld the conviction of two Gambian nationals who had been resident in Spain for many years, holding that they were aware of the prohibition of the practice under Spanish criminal law. The defendants, either directly or through an unidentified person, had excised the clitoris of two minor daughters on Spanish territory for cultural and religious reasons.)