A marriage entered into by at least one party without their free and full consent, brought about through physical force, threats, deception, financial pressure, or other forms of coercion typically exerted by family members. It is distinguished from arranged marriage, in which both parties consent to a marriage facilitated by a third party, though the line between the two can be contested in practice. A number of countries, including the United Kingdom since 2014, have enacted specific criminal offenses targeting forced marriage, alongside protective civil orders that allow courts to intervene before a forced marriage takes place.
Facts
Classification CodeCodified internationally through Article 37 of the Council of Europe Istanbul Convention on preventing and combating violence against women and domestic violence, which requires states party to criminalize forcing an adult or a child into marriage; implemented domestically through country specific statutes such as the England, Wales and Scotland offense created in 2014. 1 Typical PenaltyPenalties vary sharply by country: the Ethiopian law banning forced and child marriage, passed in 2004, carries up to 20 years in prison, far above the five year maximum some other countries later adopted for their own forced marriage offenses in the following decade. 1 Elements of OffenseThe Istanbul Convention frames the offense as two distinct forms of intentional conduct: forcing an adult or a child into a marriage, and luring an adult or a child abroad for the purpose of forcing them into a marriage there, closing the loophole of sending a child abroad to be forced into marriage beyond the reach of the state where the child normally resides. 1 Notable ExampleA Cardiff man became the first person convicted under the United Kingdom forced marriage offense, sentenced at Merthyr Crown Court in 2015 to 16 years in prison after admitting to forcing a woman to marry him, alongside related charges of rape, bigamy and voyeurism. 2 Jurisdiction VariationCountries criminalized forced marriage at very different times: the United Kingdom created a specific criminal offense in England, Wales and Scotland only in 2014, while Ethiopia had already banned forced and child marriage a decade earlier, in 2004, with a far harsher maximum sentence. 1 Classification
Offense GradeSerious or Indictable Offense 1 In the Other Atlases
- Also in Geography Atlas: Africa, found in there.
- Also in Geography Atlas: Europe, found in there.
Sources
1. Forced Marriage (Wikipedia)
WikipediaLaws section, Istanbul Convention Article 37 quoted
Parties shall take the necessary legislative or other measures to ensure that the intentional conduct of forcing an adult or a child to enter into a marriage is criminalised.
Laws section, 2014 timeline entry
UK government made it criminal offense to force someone to marry in England, Wales and Scotland.
Laws section, 2004 timeline entry
Ethiopia banned forced and child marriage with up to 20 years in prison.
Laws section, Istanbul Convention Article 37(1) quoted
Parties shall take the necessary legislative or other measures to ensure that the intentional conduct of forcing an adult or a child to enter into a marriage is criminalised.
Laws section, Istanbul Convention Article 37(2) quoted
Parties shall take the necessary legislative or other measures to ensure that the intentional conduct of luring an adult or a child to the territory of a Party or State other than the one she or he resides in with the purpose of forcing this adult or child to enter into a marriage is criminalised.
View the Source 2. Forced Marriage: Man Sentenced in Historic First Prosecution (Channel 4 News)
Channel 4 NewsArticle headline and descriptionQuote, Article headline and description
A man is sentenced to 16 years in prison after becoming the first person in the UK to be prosecuted under forced marriage laws.
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