June 12, 2014

 

On 16^th June 2014 new legislation becomes effective under the Anti-Social Behaviour, Crime and Policing Act 2014 to make forcing someone to marry a criminal offence.

A person who is found guilty of the offence is liable to a fine or imprisonment of 7 years.

It will also be an offence to use deception in order to entice someone abroad so that they can be married against their will. The act will also give protection to those lacking mental capacity to make an informed decision about whether to marry or not.

Definition of Forced Marriage

Forced Marriage is defined as ‘a marriage conducted without the valid consent of one or both parties, where duress is a factor’. Duress can mean emotional pressure as well as criminal actions such as an assault or abduction.

Forced Marriage can have a devastating impact on people’s lives and prospects for the future. Forced Marriage is either child abuse when children are involved or domestic abuse when adults are involved. It may include physical or sexual violence, threatening behaviour, stalking/ harassment, imprisonment, abduction, financial control and other forms of demeaning or humiliating behaviour or control. Victims can be male or female.

A Forced Marriage is distinctly different from an Arranged Marriage, which is arranged by families but the choice remains with the individuals who give full and free consent.

The majority of cases of forced marriage encountered in the UK involve South Asian families, but this is due to the size of the South Asian population in the UK, rather than this being an issue specific to this community.  There are also cases involving families from Iraqi Kurdistan, East Asia, the Middle Ease, Eastern Europe, Africa and from within Czech and Slovak Roma Communities.

Forced Marriage Protection Orders (FMPO)

Forced Marriage Protection Order is one of the tools that can help protect victims against forced marriage. Police and social workers can help victims to work with solicitors to apply for a Forced Marriage Protection Order. This is a legal document issued by a judge which is designed to protect the victim. It contains legally binding conditions and directions that require a change in the behaviour of a person or persons trying to force another victim into marriage.

The aim of the order is to protect the person who has been forced or is being forced into marriage. Orders can be made in an emergency to protect someone straightaway. They can also be made to protect someone when they are a child if there is a risk that a forced marriage could happen in the future.

The Offence of Breaching a Forced Marriage Protection Order

A person who without reasonable excuse does anything that they are prohibited from doing by a Forced Marriage Protection Order is now guilty of an offence.

A person guilty of an offence under this section is liable to a fine or 5 years in prison.

Help and advice on Forced Marriage is available in Sheffield.

If you need Help or Advice call the Sheffield Domestic Abuse Helpline on 0808 808 2241, email help@sheffielddact.org.uk or visit www.sheffielddact.org.uk.

 

For professionals, information about how to support adults at risk of forced marriage you can review the Sheffield Forced Marriage and ‘Honour’ Based Violence protocol here:

http://sheffielddact.org.uk/domestic-abuse/resources/local-strategies/

 

If you are worried about a child who may be at risk of forced marriage please visit Sheffield Children’s Safeguarding Board website:

http://sheffieldscb.proceduresonline.com/chapters/factsheets.html

Or ring the Police on 999

Or contact:Children’s Social Care (0114) 273 4855 or the SSCB Advisory Service (0114) 205 3535

For Home Office advice on forced marriage please visit

https://www.gov.uk/government/publications/survivors-handbook