Forced marriage has been made a criminal offence, punishable by up to seven years in prison.
The new offence applies, from 16 June, where the marriage takes place in England and Wales and where UK nationals are at risk of being forced into marriage abroad. The courts will continue to issue civil orders to prevent marriages, but breaching an order has now also become a criminal offence.
Forced marriage occurs where one or both spouses are coerced by means including “physical, psychological, financial, sexual and emotional pressure”.
Meanwhile, charities Public Law Project (PLP) and Rights of Women (ROW) have brought a legal challenge against the government on the basis that legal aid reforms have barred domestic abuse victims from access to justice.
Legal aid was retained for victims of domestic abuse by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO).
However, victims must provide evidence of abuse, which can be difficult for to get. In certain cases, a 24-month time limit applies although many perpetrators remain a lifelong threat to their victims.
ROW and PLP say many victims are falling through the safety net, contrary to what Parliament intended when it enacted the safeguards contained in LASPO.
ROW director, Emma Scott says: “Without legal aid women affected by domestic violence feel unable to access the kinds of legal remedies which enable them to safely exit violent relationships. In our most recent survey, half of all women who were ineligible for legal aid because they did not have the required evidence of domestic violence said that they took no legal action as a result, leaving them at risk of further violence and even death.”
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