CRIMINALISATION OF FORCED MARRIAGES IS ABANDONED
(7 June 2006)

The Government has abandoned plans to create a specific law criminalising forced marriage. The consultation document 'Forced Marriage: A Wrong Not a Right' was published in September 2005 and set out the potential advantages and disadvantages of creating a specific criminal offence relating to forced marriage. A total of 157 responses were received to the consultation exercise from organisations and individuals across the UK with no overall support for the creation of a specific criminal offence of forced marriage. The majority of respondents felt that creating new legislation would potentially drive forced marriages underground.

The Forced Marriage Unit deals with approximately 250-300 cases of forced marriage each year, in the UK and overseas. Since the Foreign and Commonwealth Office's Community Liaison Unit was established in 2000, it has helped over 1,250 people with the rescue and repatriation of around 175-200 people a year.

"Being forced into a marriage against one's own will is an abuse of basic human rights" says Aneeta Prem, MPA lead member on honour-based violence including forced marriage. "The MPA supported the creation of a specific offence for forced marriage. The argument for specific legislation to tackle forced marriage could be compared to the way racist crime was not specifically legislated against until the Crime and Disorder Act 1998 and had to be prosecuted using the then existing legislation, but following the advent of racist - and more recently religiously - aggravated offences there is now wider public awareness of these crimes and more offences are being brought to justice."

"As it now stands, existing legislation can only deal with the results of coercion into marriage - beatings, kidnap and, in the worst cases, murder. Introducing a specific law would, I believe, have made a dramatic impact."

"A major concern for me is that without forced marriage being categorised as a specific offence the police are unable to record data accurately and systematically, leaving us unable to quantify the full extent of the problem and in turn leading to difficulties in allocating appropriate resources.

"I strongly believe there needed to be an explicit and unequivocal message to communicate - that forcing an individual into marriage against their will is against the law and will be punished, so I am disappointed that there was no overall support for new legislation.

"While it is helpful that the Home Office recognises the need to increase awareness and the value of sharing best practice, and has voiced its commitment to ensuring that existing legislation is used more effectively, I am disappointed that by not creating a specific offence of forced marriage we have lost the opportunity to make a real difference -one that would save many more people from unnecessary suffering."

Home Office Minister the Rt. Hon Baroness Scotland QC said: "Before we consider the possibility of introducing specific legislation, we need to be convinced that it would definitely benefit the victims of forced marriage. Many respondents feared that the creation of a specific offence could isolate victims, prevent reconciliation and drive forced marriage further underground."

Three recommendations for non-legislative activity will now be taken forward. These are:

1. Increasing the level of training to professionals who work in this field and engaging more with affected communities;
2. Increasing the work done with statutory agencies in sharing best practice and implementing guidelines;
3. Ensuring that existing legislation is fully implemented including making better use of civil remedies and the family courts.

The possibility of developing new legislation will only be considered once there has been delivery in all three areas.

The Forced Marriage Unit Helpline: 020 7008 0151. A Freephone 24 Hour National Helpline (Women's Aid & Refuge) is 0808 2000 247. " The Men's Advice Line and Enquiries for male victims of domestic violence is 0845 064 680.

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