What is Forced Marriage?
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Police Scotland defines forced marriage as:
“A forced marriage is a marriage in which one or both spouses do not (or, in the case of some adults at risk and children and young people under 16, cannot) consent to the marriage and some element of duress is involved.”
Forced marriages are not associated with any particular religion or religious practice. However it still exists in some communities. (Scottish Government, 2014)
Forcing someone to marry is a criminal offence in Scotland.
Forced Marriage must not be confused with arranged marriage. In an arranged marriage, while families take a lead role in choosing the marriage partner, the marriage takes place with the consent of both parties. In forced marriages, one or both spouses do not consent to the marriage, or consent is extracted under duress. Age can be a factor and some forced marriages involve children and young people.
A person commits an offence according to Section 122 of the Anti-social Behaviour, Crime and Policing Act 2014 if they:
- Uses violence, threats, or any other form of coercion for the purpose of causing another person to enter into a marriage; and,
- Believes, or ought reasonably to believe, that the conduct may cause the other person to enter into the marriage without full and free consent.
The legislation criminalises the act of:
- Forcing someone to marry against their will.
- Luring a person to a place for the purpose of forcing them to enter into a marriage without consent.
- Using deception with the intention of causing a person to leave the UK with the intention of forcing them to marry.
For further information refer to the Scottish Government's Forced Marriage Statutory guidance.
Click here to tread Police Scotland's Honour Based Abuse and Forced Marriage National Guidance.
Forced Marriage Protection Order
The Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 makes provision for protecting persons from being forced into marriage without their free and full consent and for protecting persons who have been forced into marriage without such consent.
Under the Forced Marriage legislation, Scotland’s Sheriffs may issue a civil Forced Marriage Protection Order (FMPO) following an application made by:
- The protected person
- A relevant 3rd party such as a local authority
- Any other person with the leave of the court
