Most serious charge in female genital mutilation case is dismissed

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With an investigation into the genital mutilation of girls in Michigan continuing, a metro Detroit congressman is calling for the federal penalty for committing such a crime to be increased from five years in prison to 15. Todd Spangler/Detroit Free Press

The most serious charge against two metro Detroit doctors accused in the genital  cutting of numerous minor girls as part of a religious tradition  has been dismissed.

U.S. District Judge Bernard Friedman ruled Sunday night that a charge of conspiracy to transport a minor "with intent to engage in criminal sexual activity" against Dr. Jumana Nagarwala and Dr. Fakhruddin Attar be dismissed, agreeing with the defense argument that even if female genital mutilation were proven, it would not meet the definition for "sexual activity."

That charge was the only one in the indictment that could have led to a sentence of life in prison.

Nagarwala and Attar are two of eight defendants charged in the case.

They are all members of a small Indian Muslim sect known as the Dawoodi Bohra, which has a mosque in Farmington Hills. The sect practices female circumcision and believes it is a religious rite of passage that involves only a minor "nick."

The other defendants include four mothers accused of subjecting their daughters to the procedure, and Attar’s wife, who is accused of holding the girls’ hands during the procedures and lying to investigators about the procedures. 

More on Freep.com:

Rep. Dave Trott moves to increase penalty for genital mutilation

Female genital mutilation now a 15-year felony in Michigan

Religious defense planned in landmark Detroit genital mutilation case

Number of girls and women at risk of genital mutilation triples in U.S.

Read the complete ruling:

Free Press reporter Tresa Baldas contributed to this report.