Protecting Victims of Forced Marriage: Is Age a Protective Factor?

This paper explores the UK’s legal interventions in the arena of forced marriage. Three key initiatives have been considered in the last 5 years: creating a specific crime of forced marriage; civil rather than criminal protection for victims; and an increase in the age of entry for non-EU spouses, with a corresponding increase in age for sponsoring such spouses. Our key focus is on the last of these interventions and we draw upon a research study conducted in the UK in 2006/2007 exploring the risks and benefits associated with increasing the age of sponsorship and entry. The UK government’s argument is that the increased maturity which comes from being older acts as a protective factor, thus making it easier to resist forced marriage. This view of maturity gains its saliency from developmental psychology. Here, we critically analyse the construct of age and the link between age and ability to resist forced marriage. We illustrate through the accounts of victims of forced marriage and of stakeholders the difficulties of adopting age as a central organising feature of protection for potential victims of forced marriage.     

The right to protection from sexual assault: the Indian anti-rape campaign

This article reveals a viewpoint that emphasizes some dilemmas among Indian feminist practice, women's sexuality in legal terms, and case law in India. The Indian Women's Movement (IWM) was successful in 1983 in adding a legal amendment on rape and child abuse. The case that mobilized women to change the law occurred in 1980 when a court acquitted two policemen who were charged with raping and molesting a 16-year-old tribal girl. The Bombay High Court overturned the judgement and convicted both policemen. The case was appealed, and the policemen successfully argued that rape did not occur because the girl did not protest and was sexually experienced anyway. In 1980 the Forum Against Rape was formed to mobilize public support and to lobby the State for reform of the law on rape. The campaign focused on custodial rape and political repression, rape as civil rights issue, and rape as a women's issue. There was a distancing between the victim, who occupied a lower caste and class position, and her defenders in the women's groups. The campaign appealed to both the appropriate judgement of the State and the denial that the State was an effective vehicle for change. The campaign did not directly address incest and marital rape or domestic violence within families. The legislature debated the issue of legal change during 1982. The debate revealed deep divisions about sexuality and women's status. It was argued that chaste women were not rape victims, and unchaste women were of a socially inferior caste and class. It was argued that there should be a ban on child marriage rather than spousal rape laws. Child rape is a legal issue only when the perpetrator is outside the family. Rape was discussed as an act of lust and not violence. In 1992, a woman promoting an end to child marriage was raped and the men were acquitted. It was argued that the law was out-of-date and in need of revision.