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Forced marriage

Forced marriage is a criminal offence in England and Wales and will carry a maximum custodial sentence of seven years imprisonment.

This is a marriage that happens without the full and free consent of both people. 'Force' can include:

  • physical force
  • being emotionally pressurised
  • being threatened
  • being a victim of psychological abuse

'Forced marriages' are not the same as 'arranged marriages'. In an arranged marriage, families take the lead in selecting and introducing a marriage partner and the couple have free will and choice to accept or reject the arrangement.

Warning signs

Some warning signs that may indicate the possibility of an impending forced marriage:

  • extended absence from school or college, truancy, drop in performance, low motivation, excessive parental restriction and control of movements and history of siblings leaving education early to marry
  • poor attendance in the workplace, poor performance, parental control of income and limited career choices
  • evidence of self-harm, treatment for depression, attempted suicide, social isolation, eating disorders or substance abuse
  • evidence of family disputes or conflict, domestic violence and abuse or running away from home

One chance rule

One chance rule indicates that practitioners working with victims of forced marriage and honour-based violence need to be aware they may only have one chance to speak to a potential victim and thus they may only have one chance to save a life. This means that all practitioners working within statutory agencies need to be aware of their responsibilities and obligations when they come across forced marriage cases.

Mediation

Mediation, reconciliation and family counselling as a response to forced marriage can be extremely dangerous. Professionals undertaking these activities may unwittingly increase the victim’s vulnerability and place them in danger.

Help is available

Call the Derbyshire Domestic Abuse Helpline tel: 08000 198 668.

Where criminal offences have been committed, for example assault, kidnap or false imprisonment the police can assist with a prosecution.

Where there are any safeguarding issues the relevant services should be contacted, for example, adult social care and children and young people's services.

A Forced Marriage Protection Order can be applied for through the civil courts in order to prevent a forced marriage from occurring.

Forced Marriage Protection Order

A victim of forced marriage, or somebody else on their behalf, can apply to a court in England and Wales for a Forced Marriage Protection Order.

This order is granted by a judge and can be used to prevent someone being forced into a marriage or to protect someone who has already been the victim of a forced marriage.

The order aims to change the behaviour of anyone who is trying to force someone into marriage. It is a legal document and places conditions on their behaviour.

Failure to comply with the requirements or terms set out in a Forced Marriage Protection Order, granted by the family court, is a criminal offence and can result in a sentence of up to 5 years in prison.

Individuals or professionals who require support with Forced Marriage Protection Orders can the call the specialist South Asian Outreach Service at Refuge, who run the domestic abuse services in Derby, tel: 0800 085 3481 on Monday to Friday from 9am to 5.30pm.

Guidance is available from the Forced Marriage Unit and Karma Nirvana also has more information.