Dealing with cases of Forced Marriage - Guidelines for Police
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Dealing with cases of Forced Marriage - Guidelines for Police |
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The difference between arranged and forced marriage
The tradition of arranged marriages has operated successfully within many communities and many countries for a very long time. A clear distinction must be made between a forced marriage and an arranged marriage. In arranged marriages the families of both spouses take a leading role in arranging the marriage but the choice whether to accept the arrangement remains with the individuals. In forced marriage at least one party does not consent to the marriage and some element of duress is involved.
Forced marriage is primarily an issue of violence against women. Most cases involve young women and girls aged between 13 and 30 years, although, there is evidence to suggest that as many as 15% of victims are male.
Incidence of forced marriage
Currently, some two hundred cases of forced marriage are reported to the Foreign and Commonwealth Office each year. Many others go unreported. With greater awareness this figure is likely to increase.
The majority of cases of forced marriage encountered in the UK involve South Asian families. However, despite appearances, this is not solely an "Asian" problem. A reason for this disparity is that the UK has a large Asian population. There are also cases involving families from East Asia, the Middle East, Europe and Africa. The issue of forced marriage should not be used to stigmatise any community. Some forced marriages take place in the UK with no overseas element while others involve a partner coming from overseas or a British citizen being sent abroad. The guidelines deal with these different situations.
Motives prompting forced marriage
Parents who force their children to marry often justify their behaviour as protecting their children, building stronger families and preserving cultural or religious traditions. They do not see anything wrong in their actions. Forced marriage is not a religious issue; every major faith condemns it and freely given consent is a prerequisite of Christian, Hindu, Muslim and Sikh marriages.
Often parents believe that they are upholding the cultural traditions of their home country, when in fact practices and values there have moved on. Some parents come under significant pressure from their extended families to get their children married. In some instances, agreements have been made about marriage when the children were very young.
Some of the key motives that have been identified are:
While it is important to have an understanding of the motives that drive parents to force their children to marry, these motives should not be accepted as justification for denying them the right to choose a marriage partner. Forced marriage should be recognised as an abuse which typically involves criminal offences.
Criminal Law and Forced Marriage
Although there is no specific criminal offence of “forcing someone to marry” the law does provide protection from the crimes that can be committed when forcing someone into a marriage. Perpetrators – usually parents or family members – have been prosecuted for offences including threatening behaviour, harassment, assault, abduction and murder. Sexual intercourse without consent is rape.
The victim
Young people forced into marriage often become estranged from their families. Sometimes they themselves become trapped in the cycle of abuse with serious long-term consequences. Many women forced into a marriage suffer for many years from domestic abuse. They feel unable to leave because of the lack of family support, economic pressures and other social circumstances. They may live within a forced marriage for many years before they feel able to challenge the situation.
Isolation is one of the biggest problems facing victims of forced marriage. They may feel they have no one to speak to about their situation. These feelings of isolation are very similar to those experienced by victims of domestic abuse.
Isolation is also very real for those who have escaped a forced marriage or the threat of one. For many, running away is their first experience of living away from home and they suffer because of having to leave their family, friends and their usual environment. They often live in fear of their own families who may go to considerable lengths to locate them and ensure their return.
For young people to leave their family it is traumatic at the best of times, and for young Asians it can be especially hard. Family occupies a very important role, and the young person may have no experience of life outside the family. In addition, leaving their family (or accusing them of a crime) will often bring shame on the young person and their family in the eyes of the community. For many, this is simply not a price they are prepared to pay.
The needs of victims of forced marriage will vary widely. They may need help avoiding a threatened forced marriage. They may need help dealing with the consequences of a forced marriage that has already taken place.
Whatever an individual's circumstances, there are basic needs that should always be considered, including:
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