In 2020, the Forced Marriage Unit (FMU) received 759 cases, 750 of which related solely to forced marriage, three to both forced marriage and female genital mutilation (FGM), and six solely related to FGM. Despite representing a 44% decrease on the average annual number of cases, the severity of the problem is thought to have remained somewhat stable, the decline being attributed to the effects of the Covid-19 pandemic, as restrictions were placed on weddings and overseas travel. Whilst men are still victims of forced marriage, the cases received by the FMU overwhelmingly involve female victims, a total of 603 cases in 2020, representing 79% of cases. In 2020, of the cases in which the FMU provided advice or support, 9% of cases involved victims with mental capacity concerns and 26% involved victims below 18 years of age. The latter has prompted concerns that existing forced marriage law does not provide sufficient protection for children, placing the onus on the child to secure their own protection by speaking out against both their family and community. Additionally, in the case of 16- and 17-year olds, where children are able to marry with parental consent, there is evidence that a legal loophole is being exploited in order to coerce young people into child marriages.
Forced marriage is illegal in England and Wales, including instances where a victim is taken overseas in order to force them to marry and instances where the victim lacks the mental capacity to consent to the marriage. The criminal law in this area is set out in section 121 of the Anti-Social Behaviour, Crime and Policing Act 2014, and a conviction can entail a sentence of up to seven years in prison. Courts also have the power to grant forced marriage protection orders, designed to protect victims according to their individual circumstances. The Marriage and Civil Partnership (Minimum Age) Bill is currently progressing through the House of Commons, and aims to tackle existing gaps in legislation that have enabled child marriage to persist. The bill would raise the minimum age for civil partnerships and marriage from 16 to 18 in England and Wales, whilst simultaneously making it an offence to carry out any conduct with the purpose of causing a child to enter into marriage.
Whilst the bill has been welcomed by many as a ‘huge step forward’ in addressing these issues, concerns have been raised regarding the potential effects of criminalisation. Some organisations have sought to emphasise the risk of driving problems underground in the aftermath of criminalisation, making child marriages harder to detect and reducing the likelihood that individuals and victims will speak up. The Traveller Movement have similarly warned that such a legislative step could increase numbers of children in care, questioning the extent to which specific communities were consulted in the drafting stages of the bill. From a broader perspective, there are also concerns about public knowledge and understanding of forced marriage legislation. According to Near Neighbours, a significant proportion of women are, in fact, unaware that forced marriage is illegal. As displayed by a freedom of information request made in 2020, this has been compounded by a failure of local authorities to maintain proper records of those at risk of forced marriage.
This symposium will provide policymakers, charities, social workers, police officers, teachers, and other safeguarding professionals with the opportunity to evaluate proposed legislative reform, identify key issues in current policy, and develop strategies to improve outcomes for victims of forced marriage.
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