2016SSRN Electronic JournalOpen access

Custom or Crime?: Crafting a Competent Framework to Combat Forced Marriage

Julia Alanen

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Abstract

This article is the third in a four-part series about forced marriage in the USA. Part I aims to define forced marriage and distinguish it from arranged marriage, inform the reader about who could be a forced-marriage victim or perpetrator, and explore the catalysts and consequences of harmful marriage practices. Part II evaluates existing U.S. legal remedies and resources for combating forced marriage. Part III explores the fierce, ongoing debate over whether forced marriage laws should be civil or criminal in nature. And, Part IV sets forth recommendations for a comprehensive national response to protect and empower U.S.-based victims and survivors seeking to avoid or flee forced marriages. This piece includes excerpts from Alanen’s earlier article, Shattering the Silence Surrounding Forced and Early Marriage in the United States, Children's Legal Rights Journal, Vol. 32, No. 2 (Summer 2012).

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What this paper is about

This article is the third in a four-part series about forced marriage in the USA. Part I aims to define forced marriage and distinguish it from arranged marriage, inform the reader about who could be a forced-marriage victim or perpetrator, and explore the catalysts and consequences of harmful marriage practices. Part II evaluates existing U.S. legal remedies and resources for combating forced marriage. Part III explores the fierce, ongoing debate over whether forced marriage laws should be civil or criminal in nature. And, Part IV sets forth recommendations for a comprehensive national response to protect and empower U.S.-based victims and survivors seeking to avoid or flee forced marriages. This piece includes excerpts from Alanen’s earlier article, Shattering the Silence Surrounding Forced and Early Marriage in the United States, Children's Legal Rights Journal, Vol. 32, No. 2 (Summer 2012).

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Available abstract

This article is the third in a four-part series about forced marriage in the USA. Part I aims to define forced marriage and distinguish it from arranged marriage, inform the reader about who could be a forced-marriage victim or perpetrator, and explore the catalysts and consequences of harmful marriage practices. Part II evaluates existing U.S. legal remedies and resources for combating forced marriage. Part III explores the fierce, ongoing debate over whether forced marriage laws should be civil or criminal in nature. And, Part IV sets forth recommendations for a comprehensive national response to protect and empower U.S.-based victims and survivors seeking to avoid or flee forced marriages. This piece includes excerpts from Alanen’s earlier article, Shattering the Silence Surrounding Forced and Early Marriage in the United States, Children's Legal Rights Journal, Vol. 32, No. 2 (Summer 2012).

Key concepts: Forced marriage, Forced migration, Silence, Political science, Law, Child marriage, Criminology, Arranged Marriage

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