Khalid Adem
Encyclopedia
Khalid Adem is an Ethiopia
n immigrant who was both the first person prosecuted and first person convicted for female genital mutilation (FGM) in the United States
, stemming from charges that he had personally excised his 2-year-old daughter's clitoris
with a pair of scissors.
, Ethiopia
, was arrested on March 28, 2003, and charged for aggravated battery
and cruelty to children. Gwinnett County
prosecutors alleged that in 2001 Adem had used a pair of scissors to remove the clitoris
of his two-year-old daughter in the kitchen of the Duluth
apartment Adem shared with his wife, Fortunate.
During the trial Adem's wife Fortunate testified: "He said he wanted to preserve her virginity ... He said it was the will of God. I became angry in my mind. I thought he was crazy.".
Female circumcision
is not specifically outlawed in Adem's native Ethiopia
(nor, at the time, in the state of Georgia
). While formally discouraged by the Ethiopian government
it remains a very common procedure, with some reports estimating that as many as 90% of Ethiopian women have undergone clitoridectomy
.
or asked anyone else to do it. His defense lawyer conceded that the girl had in fact had her clitoris
removed, but implied that Fortunate Adem's family—immigrants from South Africa
--might have been responsible.
Adem's lawyer argued that Fortunate's accusations were the result of the acrimonious divorce
and custody
battle the couple went through in 2003, during which Fortunate received sole custody of the girl. The fact that the crime had occurred in 2001 and yet was not reported by Fortunate until 2003 was used to suggest the accusation was spurious and vindictive, as the wound would have caused the child great pain and would have required constant cleaning.
Fortunate claimed she did not discover her daughter's amateur clitoridectomy until an argument with her husband in 2003 about the practice of female genital cutting
, during which, according to Fortunate, Khalid Adem implied it had already occurred to their daughter. The two were divorce
d several months afterwards, and Fortunate was awarded sole custody
of the girl.
Khalid claimed the reverse, that it was Fortunate who had revealed to him that their daughter had had her clitoris removed, and that she was falsely accusing him to obtain leverage for the custody
battle.
Lawyers for the defense raised the question of why Adem, an urban Ethiopian who grew to adulthood in the United States, would have felt compelled to perform the cutting, especially since none of his immediate family (i.e. his sisters) are circumcised. Moreover the operation in his native Ethiopia is virtually always performed by women. The defense also tried to cast doubt on the veracity of the testimony of Adem's daughter, who was two years old at the time of the incident, but was seven by the time she testified before the court. Defense attorney W. Mark Hill brought in psychologist
Jack Farrar to raise the question of false memory
. The fact of the clitoridectomy was not disputed by the defense. The prosecution's inability to identify the "second man" who allegedly helped Adem perform the operation was also used to imply the story was false.
and cruelty to children and sentenced to 2 terms of 15 years, concurrent, the first 10 years to be served in prison and the remaining five years on probation. He also received a fine in the amount of $5,000, with an additional $32 a month for a probation and supervision fee.
Prime minister
of Ethiopia
Meles Zenawi
said, "If a whole community is involved in this practice, you cannot jail an entire community. You have to change the mindset, and that takes time."
Ben Koissaba, a leader of the Maasai of Kenya
(who consider circumcision
of males and females a part of their distinctive cultural heritage
), was quoted by Reuters
as saying, "If a woman is not cut, she remains a baby forever and cannot perform social rites with other women ... [Adem] was doing it because he thought it would be a bad omen on his child if he did not. Maybe he should have been reprimanded, not jailed, but we should try to understand his culture."
--had no laws on the books specifically addressing female genital cutting
. After Adem's arrest, Representative
Mary Margaret Oliver (D
-Decatur
), in collaboration with Fortunate Adem, was able to get a law passed specifically outlawing female genital cutting in the state of Georgia
. It was enacted in 2005. Khalid Adem was however not tried under this law, as his actions occurred before it went into effect.
Ethiopia
Ethiopia , officially known as the Federal Democratic Republic of Ethiopia, is a country located in the Horn of Africa. It is the second-most populous nation in Africa, with over 82 million inhabitants, and the tenth-largest by area, occupying 1,100,000 km2...
n immigrant who was both the first person prosecuted and first person convicted for female genital mutilation (FGM) in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, stemming from charges that he had personally excised his 2-year-old daughter's clitoris
Clitoris
The clitoris is a sexual organ that is present only in female mammals. In humans, the visible button-like portion is located near the anterior junction of the labia minora, above the opening of the urethra and vagina. Unlike the penis, which is homologous to the clitoris, the clitoris does not...
with a pair of scissors.
Arrest and charges
Adem, a Georgia gas-station clerk originally from Addis AbabaAddis Ababa
Addis Ababa is the capital city of Ethiopia...
, Ethiopia
Ethiopia
Ethiopia , officially known as the Federal Democratic Republic of Ethiopia, is a country located in the Horn of Africa. It is the second-most populous nation in Africa, with over 82 million inhabitants, and the tenth-largest by area, occupying 1,100,000 km2...
, was arrested on March 28, 2003, and charged for aggravated battery
Battery (crime)
Battery is a criminal offense involving unlawful physical contact, distinct from assault which is the fear of such contact.In the United States, criminal battery, or simply battery, is the use of force against another, resulting in harmful or offensive contact...
and cruelty to children. Gwinnett County
Gwinnett County, Georgia
, Gwinnett County had a population of 805,321. The racial and ethnic composition of the population was 53.3% white , 23.6% black , 2.7% Korean, 2.6% Asian Indian, 2.0% Vietnamese, 3.3% other Asian, 0.1% Pacific Islander, 8.8% some other race and 3.1% from two or more races...
prosecutors alleged that in 2001 Adem had used a pair of scissors to remove the clitoris
Clitoris
The clitoris is a sexual organ that is present only in female mammals. In humans, the visible button-like portion is located near the anterior junction of the labia minora, above the opening of the urethra and vagina. Unlike the penis, which is homologous to the clitoris, the clitoris does not...
of his two-year-old daughter in the kitchen of the Duluth
Duluth, Georgia
Duluth is a city in Gwinnett County, Georgia and an increasingly more affluent and developed suburb of Atlanta. Unincorporated portions of Forsyth County also have Duluth as a mailing address, though this area is outside city limits...
apartment Adem shared with his wife, Fortunate.
During the trial Adem's wife Fortunate testified: "He said he wanted to preserve her virginity ... He said it was the will of God. I became angry in my mind. I thought he was crazy.".
Female circumcision
Female genital cutting
Female genital mutilation , also known as female genital cutting and female circumcision, is defined by the World Health Organization as "all procedures that involve partial or total removal of the external female genitalia, or other injury to the female genital organs for non-medical reasons."FGM...
is not specifically outlawed in Adem's native Ethiopia
Ethiopia
Ethiopia , officially known as the Federal Democratic Republic of Ethiopia, is a country located in the Horn of Africa. It is the second-most populous nation in Africa, with over 82 million inhabitants, and the tenth-largest by area, occupying 1,100,000 km2...
(nor, at the time, in the state of Georgia
Georgia (U.S. state)
Georgia is a state located in the southeastern United States. It was established in 1732, the last of the original Thirteen Colonies. The state is named after King George II of Great Britain. Georgia was the fourth state to ratify the United States Constitution, on January 2, 1788...
). While formally discouraged by the Ethiopian government
Politics of Ethiopia
Politics of Ethiopia takes place in a framework of a federal parliamentary republic, whereby the Prime Minister is the head of government. Executive power is exercised by the government.The prime minister is chosen by the parliament. Federal legislative power is vested in both the government and...
it remains a very common procedure, with some reports estimating that as many as 90% of Ethiopian women have undergone clitoridectomy
Female genital cutting
Female genital mutilation , also known as female genital cutting and female circumcision, is defined by the World Health Organization as "all procedures that involve partial or total removal of the external female genitalia, or other injury to the female genital organs for non-medical reasons."FGM...
.
The trial
Adem denied he had excised his daughter's clitorisClitoris
The clitoris is a sexual organ that is present only in female mammals. In humans, the visible button-like portion is located near the anterior junction of the labia minora, above the opening of the urethra and vagina. Unlike the penis, which is homologous to the clitoris, the clitoris does not...
or asked anyone else to do it. His defense lawyer conceded that the girl had in fact had her clitoris
Clitoris
The clitoris is a sexual organ that is present only in female mammals. In humans, the visible button-like portion is located near the anterior junction of the labia minora, above the opening of the urethra and vagina. Unlike the penis, which is homologous to the clitoris, the clitoris does not...
removed, but implied that Fortunate Adem's family—immigrants from South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
--might have been responsible.
Adem's lawyer argued that Fortunate's accusations were the result of the acrimonious divorce
Divorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
and custody
Child custody
Child custody and guardianship are legal terms which are used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.Following ratification of the United...
battle the couple went through in 2003, during which Fortunate received sole custody of the girl. The fact that the crime had occurred in 2001 and yet was not reported by Fortunate until 2003 was used to suggest the accusation was spurious and vindictive, as the wound would have caused the child great pain and would have required constant cleaning.
Fortunate claimed she did not discover her daughter's amateur clitoridectomy until an argument with her husband in 2003 about the practice of female genital cutting
Female genital cutting
Female genital mutilation , also known as female genital cutting and female circumcision, is defined by the World Health Organization as "all procedures that involve partial or total removal of the external female genitalia, or other injury to the female genital organs for non-medical reasons."FGM...
, during which, according to Fortunate, Khalid Adem implied it had already occurred to their daughter. The two were divorce
Divorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
d several months afterwards, and Fortunate was awarded sole custody
Child custody
Child custody and guardianship are legal terms which are used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.Following ratification of the United...
of the girl.
Khalid claimed the reverse, that it was Fortunate who had revealed to him that their daughter had had her clitoris removed, and that she was falsely accusing him to obtain leverage for the custody
Child custody
Child custody and guardianship are legal terms which are used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.Following ratification of the United...
battle.
Lawyers for the defense raised the question of why Adem, an urban Ethiopian who grew to adulthood in the United States, would have felt compelled to perform the cutting, especially since none of his immediate family (i.e. his sisters) are circumcised. Moreover the operation in his native Ethiopia is virtually always performed by women. The defense also tried to cast doubt on the veracity of the testimony of Adem's daughter, who was two years old at the time of the incident, but was seven by the time she testified before the court. Defense attorney W. Mark Hill brought in psychologist
Psychology
Psychology is the study of the mind and behavior. Its immediate goal is to understand individuals and groups by both establishing general principles and researching specific cases. For many, the ultimate goal of psychology is to benefit society...
Jack Farrar to raise the question of false memory
False memory
False memory syndrome describes a condition in which a person's identity and relationships are affected by memories which are factually incorrect but are strongly believed. Peter J...
. The fact of the clitoridectomy was not disputed by the defense. The prosecution's inability to identify the "second man" who allegedly helped Adem perform the operation was also used to imply the story was false.
Conviction and public response
On November 2, 2006, Adem was convicted of aggravated batteryBattery (crime)
Battery is a criminal offense involving unlawful physical contact, distinct from assault which is the fear of such contact.In the United States, criminal battery, or simply battery, is the use of force against another, resulting in harmful or offensive contact...
and cruelty to children and sentenced to 2 terms of 15 years, concurrent, the first 10 years to be served in prison and the remaining five years on probation. He also received a fine in the amount of $5,000, with an additional $32 a month for a probation and supervision fee.
Prime minister
Prime minister
A prime minister is the most senior minister of cabinet in the executive branch of government in a parliamentary system. In many systems, the prime minister selects and may dismiss other members of the cabinet, and allocates posts to members within the government. In most systems, the prime...
of Ethiopia
Ethiopia
Ethiopia , officially known as the Federal Democratic Republic of Ethiopia, is a country located in the Horn of Africa. It is the second-most populous nation in Africa, with over 82 million inhabitants, and the tenth-largest by area, occupying 1,100,000 km2...
Meles Zenawi
Meles Zenawi
Meles Zenawi Asres is the Prime Minister of Ethiopia. Since 1985, he has been chairman of the Tigrayan Peoples' Liberation Front , and is currently head of the ruling Ethiopian People's Revolutionary Democratic Front .Meles was born in Adwa, Tigray in Northern Ethiopia, to an Ethiopian father from...
said, "If a whole community is involved in this practice, you cannot jail an entire community. You have to change the mindset, and that takes time."
Ben Koissaba, a leader of the Maasai of Kenya
Kenya
Kenya , officially known as the Republic of Kenya, is a country in East Africa that lies on the equator, with the Indian Ocean to its south-east...
(who consider circumcision
Circumcision
Male circumcision is the surgical removal of some or all of the foreskin from the penis. The word "circumcision" comes from Latin and ....
of males and females a part of their distinctive cultural heritage
Cultural heritage
Cultural heritage is the legacy of physical artifacts and intangible attributes of a group or society that are inherited from past generations, maintained in the present and bestowed for the benefit of future generations...
), was quoted by Reuters
Reuters
Reuters is a news agency headquartered in New York City. Until 2008 the Reuters news agency formed part of a British independent company, Reuters Group plc, which was also a provider of financial market data...
as saying, "If a woman is not cut, she remains a baby forever and cannot perform social rites with other women ... [Adem] was doing it because he thought it would be a bad omen on his child if he did not. Maybe he should have been reprimanded, not jailed, but we should try to understand his culture."
Legal changes
At the time of the crime, many states—including GeorgiaGeorgia (U.S. state)
Georgia is a state located in the southeastern United States. It was established in 1732, the last of the original Thirteen Colonies. The state is named after King George II of Great Britain. Georgia was the fourth state to ratify the United States Constitution, on January 2, 1788...
--had no laws on the books specifically addressing female genital cutting
Female genital cutting
Female genital mutilation , also known as female genital cutting and female circumcision, is defined by the World Health Organization as "all procedures that involve partial or total removal of the external female genitalia, or other injury to the female genital organs for non-medical reasons."FGM...
. After Adem's arrest, Representative
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
Mary Margaret Oliver (D
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
-Decatur
Decatur, Georgia
Decatur is a city in, and county seat of, DeKalb County, Georgia, United States. With a population of 19,335 in the 2010 census, the city is sometimes assumed to be larger since multiple zip codes in unincorporated DeKalb County bear the Decatur name...
), in collaboration with Fortunate Adem, was able to get a law passed specifically outlawing female genital cutting in the state of Georgia
Georgia (U.S. state)
Georgia is a state located in the southeastern United States. It was established in 1732, the last of the original Thirteen Colonies. The state is named after King George II of Great Britain. Georgia was the fourth state to ratify the United States Constitution, on January 2, 1788...
. It was enacted in 2005. Khalid Adem was however not tried under this law, as his actions occurred before it went into effect.