By Helena Hassani, Modern Slavery Lead, Mercy Foundation
Under Commonwealth law a forced marriage is when one or both persons gets married without fully and freely consenting due to threat, coercion or deception or they are unable to understand the nature and effect of the marriage ceremony for reasons such as age or mental capacity.
Anyone can experience coercion through either obvious means such as force including use of violence, detention and duress or through more subtle ways including psychological abuse and oppression or taking advantage of someone’s vulnerable situation.
Forced marriage is not acceptable in Australia and has been criminalised since 2013. It is considered as a slavery-like practice and as a human rights abuse. Forced marriage is a punishable crime for up to nine years of imprisonment and up to 25 years of prison if a child is taken overseas for the purpose of forced marriage.
According to the Walk Free Global Slavery Index report the most common type of modern slavery cases reported to authorities in Australia is forced marriage which includes child marriage either in Australia or overseas considering that the marriageable age in Australia is 18.
The number of people being impacted by forced marriage has increased since 2013 when it was made an offence under the Commonwealth Criminal Code and this issue has become a priority in Australia. In the financial year ended 30 June 2022, almost half of the 84 cases of forced marriage report to the AFP involved children under the age of 18.
The case of Jan is the first person in Australia to be convicted of forced marriage since its criminalisation since 2013. In January 2020, Ruqia Haidari was murdered by her husband in Western Australia just two months after their marriage at the age of 20. In 2021, her husband received a lifetime imprisonment sentence for murder. Ruqia’s mother has been sentenced to three years of imprisonment for forcing her daughter to marry a man against her will. Forced marriage still remains a significant issue in Australia and requires a lot of education, raising awareness and intervention to stop it from happening.
If you know anyone who has experienced or who is experiencing forced marriage, then support is available.
Call AFP on 131 237
My Blue Sky +61 29514 8115 or send SMS text on 0481070844
References:
https://www.walkfree.org/global-slavery-index/country-studies/australia/
https://www.homeaffairs.gov.au/criminal-justice/files/forced-marriage-fact-sheet-media.pdf
