Legal Update: Successful prosecution of forced marriage

In May 2018, a mother who had forced her daughter to marry a relative 16 years her senior was convicted in the first successful prosecution of forced marriage in England. Years before the ceremony, the girl had been entered into a "marriage contract" with the man and became pregnant, aged just 13. Then, as she approached her 18th birthday, she was tricked into travelling to Pakistan again under the pretence of a family holiday. When the daughter protested against the marriage, her mother threatened to burn her passport and assaulted her.

Prosecutions for forced marriage, which became an offence in 2014, are rare and this was the first time a forced marriage case of this kind has been successfully prosecuted in an English court. This is partly because victims may be reluctant to come forward to the authorities. A recent Guardian investigation highlighted that more than 3,500 reports of forced marriage were made to police over a three-year period.

Definition of forced marriage

The Forced Marriage Unit defines forced marriage as where "one or both people do not (or in cases of people with learning disabilities, cannot) consent to the marriage and pressure or abuse is used", outlining that this pressure can be physical (including threats, physical violence or sexual violence) or emotional and psychological (for example, when someone is made to feel like they're bringing shame on their family). Financial abuse (taking wages or withholding money) can also be a factor.

The marriage can be a religious or civil marriage, and can take place in the UK or abroad. While frequently portrayed as an issue which only affects South Asian women and girls, forced marriage affects a wide range of communities, including Irish Traveller, Turkish, Roma, Afghan, South Asian, Kurdish, Iranian, Arab and African communities.

Forced marriage is a specific offence under section 121 of the Anti-Social Behaviour, Crime and Policing Act 2014 - before 2014, prosecutors had dealt with forced marriage cases by using existing legislation such as false imprisonment, kidnapping and offences of violence where forced marriage is a feature of the offending. The offence of forced marriage applies to any person who intentionally forces a person to enter into marriage, believing the person does not consent, or a person who deceives someone into going abroad for the specific purpose of forcing them to marry. An offence is committed whether or not the forced marriage goes ahead.

Forced marriage protection order

For those at risk of forced marriage, it is possible to ask the court for a forced marriage protection order (FMPO), which is designed to protect potential victims according to their individual circumstances. A FMPO can be made by a victim, a person obtaining the court's permission to apply for an order on behalf of the victim, a relevant third party or by the court itself. An FMPO is a type of injunction which can forbid the perpetrator from doing certain things such as being physically violent, contacting the victim directly or indirectly, taking the victim out of the country, or making marriage arrangements. The injunction can also require the person named in the order to do certain things, for example, hand over passports to the court or ensure a young person attends school. A local authority has the power to apply for a FMPO for the protection of a child or vulnerable person aged over 18. The local authority does not need permission from the court but would be required to ascertain the individual's wishes and feelings. It is a criminal offence to breach an FMPO.

Section 173 of the Policing and Crime Act 2017 also provides lifelong anonymity for victims of forced marriage. From the time an allegation is made, the publication or broadcast of any information likely to result in the identity of a victim being revealed to members of the public will be prohibited (the maximum penalty for doing so being an unlimited fine). This is to give more victims the confidence to come forward so they receive the support they deserve and that perpetrators are brought to justice.

www.childrenslegalcentre.com