A federal judge has dropped one of multiple charges against a Shia Muslim doctor in Detroit who is accused of mutilating the genitalia of five girls ranging in age from 7 to 11.
The judge said a “prohibited criminal act” is not the same as “criminal sexual activity,” reported WDIV-TV in Detroit report.
Jumana Nagarwala was charged, along with Fakhruddin Attar, following accusations the doctors performed the mutilations on the young girls, a practice they allege is part of the religious practice of Shia Islam.
The judge, Bernard Friedman, was condemned by Elizabeth Yore, a lawyer and the head of the non-profit group End FGM Today.
“We are very disappointed and troubled by the court’s dismissal of Count 6 of the indictment,” Yore said in a statement Monday. “The court, in its legalistic scrupulosity, argued that the government offered no convincing argument showing that the phrase ‘sexual activity,’ as used in the federal transportation of minors statute § 2423(a), is synonymous with the phrase ‘sexual conduct,’ as used in § 750.520b(1)(a).” (Read more from “The Latest Update on the Michigan Genital Mutilation Case Is Upsetting” HERE)