Forced marriage is when one or both parties do not give full, free consent to the marriage. Consent means that you have given your informed, full, free and enthusiastic agreement to marry your intended spouse and to the timing of the marriage. In forced marriages, parties may have been pressured or coerced to marry, or to stay in a marriage, through violence, threats, grooming, fraud, or other methods (1). Even if both parties enter a marriage with full, free consent, the union can later become a forced marriage if one or both parties are forced to stay in it. Forced marriage can cause and be the consequence of domestic violence, dating violence, sexual assault, or stalking (2). Many behavioral indicators of forced marriage resemble those of domestic violence. Warning signs and indicators to force marriage may differentiate as every situation is different (Figure 1) (3). Any person can be impacted by forced marriage, regardless of race, ethnicity, religion, gender, sex, age, immigration status, or national origin.
Poverty is a significant factor in making victims susceptible this form of exploitation. Marriage is often seen as a solution to poverty or persecution because it can include a dowry or enable a loved one to lawfully migrate to a Western country (4). The lack of places to go or resources to aid people in such situations also drives them into these exploitative scenarios. Overall, the ability to aid themselves or their families leads to those in forced marriages staying in such situations by making them feel responsible for their own suffering.
The age of consent is based on the states' rights in the U.S. This means that every state sets their own minimum age for marriage, with most being at or a couple years under 18 years old. However, if the individual is under 18, the states require the minor to be married with parental, guardian, or judicial consent (Figure 2) (5). Most states allow exceptions to their minimum age for marriage, such as California and Oklahoma where a minimum age is not set but instead is allowed at any age with parental consent. Minors lack the legal authority and standing to consent to their own care, and therefore grants the legal right to parents and legal guardians to control the care of their minor child (6). Thus, child marriages is considered forced marriage because minors are not able to give full, free and informed consent out of their own will.
Forced marriage is often conflated with arranged marriage, but within this practice, both parties freely consent to the arrangement and receive assistance from family members or third parties to identify a prospective spouse. Within this tradition, it is the ultimate decision about whether, when, and whom to marry that rests entirely with the bride and groom. When child marriages are arranged (unions where one or both parties are not yet 18), they are essentially forced because minors are unable to give consent (7). Thus, arranged marriages involving minors can never be considered consensual and are always forced and exploitative in nature.
The line between forced and arranged marriage, however, can become muddled, as a marriage can begin as arranged and later become forced. Through continuous “persuasion” that exceeds a mild request from one party can extend to the degree of urging to overcome the other party's resistance, thus becoming forceful. Forms of associated coercion can include physical and sexual violence; threatening behaviour; isolation and imprisonment; abduction; psychological and social pressure, including emotional blackmail; restrictions on lifestyles, such as limits on movement, association, dress, education, and career choices; oppressive financial control; and other demeaning, humiliating, and controlling behaviour (8). Therefore, what truly differentiates an arranged marriage from a forced one is consent and the ability to end the relationship at any time.
According to the UNODC “Human Trafficking is the recruitment, transportation, transfer, harbouring or receipt of people through force, fraud or deception, with the aim of exploiting them for profit.”(9) In other words, when a person is forced to perform an action (labor, sex) with the goal of the enforcer gaining a profit (largely financial) it is human trafficking. Thus, while all forced marriages involve exploitation and are exploitative, not all of them fall under human trafficking. According to the AMP model used by the UN, human trafficking includes an act, the means and the purpose. Thus, a forced marriage becomes trafficking when a union is created (the act is the marriage) against the will of at least one individual involved (the means is force) in order to gain a profit from it (the purpose is profit) (10). Here it is also important to note that all marriages where a minor is involved are forced and are a form of human trafficking due to the inability of a child to give consent.
This form of trafficking occurs both domestically and transnationally where brides cross borders under coercion, to complete their union. Forced marriages can also include other forms of exploitation like labor and sexual exploitation where the marriage facilitates this exploitation. The legitimization of marriage allows for other forms of exploitation and trafficking to continue under the guise of it being a part of the relationship or the assumption of consent being a given due to the prerequisite of the marriage. Thus this union acts as a hurdle towards legal repercussions.
USA Laws around marriage allow for the wedding of minors in the majority of states with only 16 out of 50 states (California is not one of them) having set a minimum age requirement of 18 with no exceptions (thus not allowing for minors to wed even with the consent of their guardians). Delaware and New Jersey were the first two states to completely ban child marriage in 2018, which is still very recent when looking at politics as a whole (1).
Summary: Laws around the marriage of minors in the U.S. vary by state and as mentioned above, allow for minors to wed. these laws can be seen to encourage child marriage in the U.S. due to their legality. The below statistics break down this prevalence with age and gender breakdowns as well as descriptions on regions with the highest prevalence.
“An estimated 314,154 minors were legally entered into marriage in the U.S. between 2000 and 2021. An overwhelming majority – some 86% – were girls, and most were wed to adult men an average of 4.02 years their senior.”
“Nearly all the minors wed – some 96% – were aged 16 or 17, but some were as young as 10.”(2)
When looking at the reasoning behind this age breakdown the minimum age per state could be considered as a factor where:
States that allow for the wedding of minors have different minimum ages. 4 states do not have a minimum, those being California, New Mexico, Oklahoma and Mississippi. Other states are largely 16 or 17 years old with Hawaii being the only exception at 15. Thus, the majority of states that allow for these marriages allow for it for 16 and 17 year olds.
Child marriages also act as a legal loophole for statutory rape as the union legalises sexual relationships that would otherwise be considered rape.
“Nationally, the number of minors wed decreased every year after 2001 until 2021, during the COVID-19 pandemic, when it increased by 3.8%.”
“In 2021, an estimated 1,782 minors were entered into marriage in the U.S., marking an increase of 3.8% from the previous year – even though the national number of minors entered into marriage had previously decreased every year after 2001.”(3)
This trend of an increase in child marriage during the pandemic was also seen on a global scale.
In the case of the U.S. this 3.8% increase was also a derailment from the past trend of a decrease in child marriage every year from 2001. Factors that could have contributed to this increase are “pandemic related stressors like housing insecurity, financial hardship, disruptions to education and reduced access to social services”(4) all of which may have motivated parents to get their children married. Another contributor to this statistic could be the isolation caused by the pandemic that made reporting abuse harder for minors as they could no longer interact with their teachers and other first responders accessibly.
“Child marriage rates were higher for girls with “available data was 2.03 per 1,000 girls and .31 per 1,000 boys.”(5)
This statistic can be tied to traditional views of women and girls where “Elizabeth Alice Clement, a U.S. women’s historian at the University of Utah, said support for child marriage tends to be rooted in conservative or religious beliefs around premarital sexuality and pregnancy.”
According to this quote, gender inequality and societal ideas surrounding premarital sexual relationships are seen as a contributing factor to this gender distinction.
Statistics regarding forced marriages involving adults in the U.S. largely have to do with IMBs or International Marriage Brokering firms. This term will be further explained in the statistical breakdown
“The United States remains the top country in terms of both housing Internet marriage brokering firms, and “importing” women for marriages arranged through them” (6)
International Marriage Brokering firms or IMBs are brokering firms meant to connect men with women internationally. According to this statistic, these businesses are largely stationed in or being housed by the U.S. as well as the U.S. acting as their biggest customer through their stated “importing” of women for the purpose of marriage.
"The patterns of geographic migration of women through Internet marriages closely mirrors patterns found in forced human trafficking and slavery. Women from Second and Third World countries who enter their profiles on international marriage brokering sites seek better economic, social, and relational opportunities, not unlike women who are enslaved through deceptive promises of work or access to opportunities." (7)
IMBs tend to target women in “Second and Third World Countries” who are seeking better opportunities, this thus makes them vulnerable to trafficking and being exploited due to the power imbalance between them and the Western men, who get to decide if these women get access to those opportunities or not depending on if they get married or not.
“The international marriage brokering business further aligns with the patterns of forced trafficking of women and girls for sexual exploitation, in that it utilizes racialized gender profiles of women who are presented as potential partners. Specifically, women from different ethnic categories are depicted as having distinct stereotypical characteristics believed to be appealing to Western men with traditional gender values. For example, Asian women are described as timid, gentle, and caring; Latin American women are presented as lively and glamorous; and Eastern European women are introduced as sexually refined and sophisticated”
“In contrast, some of the brokering agencies depict “American” women as selfish, career-obsessed, possession-focused, and unwilling to enter marriages that place their husbands’ needs ahead of their own” (8)
These statistics show how women from “different ethnic categories” are exoticised and pushed as ideal in comparison to American women using stereotypes that position them as having “traditional gender values”. This is further pushed by the depiction of American women as the opposite, that being “career-obsessed” and “selfish”. Those characteristics can be seen as opposite what is expected out of women under traditional gender values thus pushing American men to use the IMBs services to find their ‘perfect traditional wife’.
“The international marriage broker industry has expanded significantly in recent years, branching out over the internet and expanding through affiliates both at home and overseas. In a 1999 study and report, the Immigration and Naturalization Service (INS) estimated that over 200 U.S.-based businesses paired American men with 4,000-6,000 foreign women each year, primarily from Asia and Eastern Europe. Those figures have since more than doubled. Today, over 400 IMBs operating in the U.S. market women from every corner of the globe. And an estimated one-third to one-half (or 11,000 to 16,500 women, by 2007 immigration statistics) of all foreign fiancé(e)s admitted to the U.S. each year, and many thousand more admitted foreign spouses, may have met their U.S. husbands through IMBs.” (9)
“The international bride market has generated more than 2 billion dollars in 2010 in the United States alone. ” (10)
These figures give us an idea of the actual reach of these IMBs and how many people are impacted by them with hundreds running in the U.S.
“Study results indicate that immigrant victims suffer more severe abuse, more often, and that abuse rates in marriages between U.S. citizens and foreign women are approximately three times higher than in the general U.S. population.”
“A national survey conducted by the Tahirih Justice Center in 2003 of legal service providers representing battered immigrant women found that over 50% of them had assisted women who met their abusers through IMBs.” (11)
These statistics show us the heightened vulnerability of immigrants when it comes to forced marriages with higher abuse rates. Focused on IMBs, the information provided by the Tahrih Justice Center has also confirmed high abuse rates with women who used IMBs to find their partners.
This section looks at child marriage on an international scale through breaking up the globe ito sections as per the division given by the sources used. Not all data should be taken as being absolute as the data is interpreted based on the data that is available, there are countries and regions where data is not available thus leading to it not being taken into account or interpreted. Some regions have available data for certain countries and not others, this also impacts data as unavailable data goes unseen and could add to this discussion. Not all countries with the highest rates for their region have readily available data either, which has also limited the scope of their interpretation, thus here it should be kept in mind that the lack of data does not correlate to the lack of the occurrence of child marriage. Not all information has been researched or displayed publicly which limits the scope of their interpretation, thus the information here is that available, but does not cover all cases of child marriage globally. Lastly, not all data from the table has been collected from the same year, thus changes could have been made and interpreted in that time. To combat this I shall mention the year that this data has been taken from. In the case of the country breakdowns, links will be provided for personal research.
One more point to note is that a lot of countries worldwide have laws put in place making the marriage of minors illegal, while some have exceptions the existence of these laws give us an idea of the legal response to child marriage, however the non existence of such laws does not mean that child marriage does not occur. Even with the existence of strict laws around child marriage and trafficking, such things can still occur due to a multitude of factors such as a lack of the implementation of these laws which can have to do with the lack of resources to do so. among other factors. While the legal standing of all the countries describes has not been mentioned, it should be kept in mind.
If readers would like to do their own research regarding the legal status of child marriage in different countries (this is always changing, therefore to get the most recent status, independent research is encouraged), the following article can be of use:
South Sudan
According to research conducted in Nyal, South Sudan “ an estimated 71% of girls are married before the age of 18, a significantly higher rate than the national pre-conflict average of 45%.”. “While the research was not able to provide quantitative evidence on whether the conflict has led to more women and girls marrying young or being forced to marry in Nyal specifically,”(12), humanitarian crises have been proven to correlate to increased rates of child marriage (13). Thus, in order to reduce child marriage on both a regional and global level, conflicts need to be addressed.
On a national scale, child marriage in South Sudan is also contributed to by factors like gender inequality and the patriarchy that positions women as inferior to men. Poverty and economic reasons are also another factor that contribute to this issue, where the dowry gained through marriage may help families through economic hardship and poverty (14).
Central African Republic
In the Central African Republic, child marriage can be largely connected to factors like poverty, education gaps between women and men as well as FGMC (Female Genitalia Mutilation and Cutting)(15). A further breakdown of these reasoning can be:
Poverty can lead to child marriage as marriage is seen as a way to keep their children safe as well as give them “economic opportunities”(16) that they may not otherwise have.
Education gaps between women and men which put education of men and boys above that of women and girls as well as positioning motherhood and marriage as the only options for women further practices like child marriage.
Women and girls “who have undergone FGM/C are more likely to become victims of child marriage”(17).
Sudan
In the case of Sudan, factors that are said to greatly contribute to child marriage are poverty, gender inequality and the COVID-19 Pandemic (18).
Statistics show that approximately 54% of girls in the poorest households were victims to child marriage in comparison to the wealthiest householder where it was 19% (19). Financial motivators may also contribute to child marriage where families may “receive a mahr, or payment of money and gifts from the groom”. Thus, such ‘gifts’ in exchange for their daughters hand in marriage, may encourage child marriage.
Child marriage can also be connected to ideas around gender and the belief that “younger girls are believed to be better suited for childbearing and marital roles” (20). The importance of female chastity also pushes child marriage. FGM (Female Genitalia Mutilation) also can result in earlier marriage rates.
The COVID-19 Pandemic lead to multiple changes that contributed to child marriage including the economic issues brought by it is also a contributing factor to child marriage where financial motivators increased these rates in regions where such ‘gifts’ were given. The ending of schools also aiding in this increase as well as “the disruption in prevention programs virtually paused child marriage reduction efforts”(21). Overall, the multitude of issues caused by and exacerbated by the pandemic lead to the increase in child marriage rates.
Lesotho
In the case of Lesotho, child marriage is encouraged by different factors including poverty and pregnancy.
In order to gain access to resources such as clothes, food and transport, minors may engage “in transactional sex with older men who promise to provide them with material and/or financial support.”(22) The non-existence of contraceptives like condoms which can be caused by the lack of knowledge or access to the resources themselves may lead to pregnancy. As pregnancy is not considered desirable without the existence of a marriage, many such girls would leave their education due to various reasons such as discrimination from their peers and teachers as well as this investment in education no longer being seen as a priority (23).
Niger
Child marriage in Niger, like in other countries is contributed to by factors like poverty, chastity and gender biases (24).
In the case of poverty, the economic opportunity that can be brought up by marriage is a factor that contributes to child marriage. The possibility to increase the status of one's daughter as well the parents is seen as a motivator for this practice as well.
Chastity and gender biases encourage child marriage as they do in numerous other regions and countries, where a focus on pregnancies outside of wedlock push child marriages. “ 81% of women aged 20-24 with no education and 63% with only primary education were married or in union at age 18, compared to only 17% of women with secondary education or higher”(25). This statistic can be tied to gender inequality where on a general basis, worldwide, stereotypes regarding the role of women and girls lead to their education not being prioritized.
Nicaragua
In Nicaragua, as similar to other countries, poverty and a lack of education are large contributing factors to child marriage rates in the country (26).
According to the UN, 48% of the country lives under the poverty line, and climate disasters continue to plague the country devastating the country and its people in different aspects (27). Such factors act as motivators for child marriage as it is seen to better both the condition for their child as well as themselves.
The removal from education has an impact on child marriage where this removal can give rise to higher risks for teen pregnancies. These pregnancies can be connected to child marriages as a study has shown that there is a correlation between early marriages and pregnancies.
Suriname
Similar to child marriage cases in other countries, poverty is a factor contributing to child marriage in Suriname where such unions are seen as a way to alleviate financial pressure on families (28). Other factors such as a lack of education and access to resources and services regarding health and justice also contribute to these rates. A study conducted in the Caribbean also found that girls that participated in their “research report that one of the main reasons for leaving home and living with partners or having relationships that often become violent and exploitative, was to escape family violence or child sexual abuse.”(29)
Cuba
In the case of Cuba, education and a loss of it has been connected child marriage rates (30). With education being compulsory in the country up to the age 15, “marriage is one of the three top causes of dropping out of secondary education, according to the Ministry of Education.” (31)
Kyrgyzstan
In the case of Kyrgyzstan, child marriages can be attributed to factors including poverty as well as issues like bride kidnappings. As in other countries, child marriage can be seen as a way to better the economic opportunities of their daughter. Bride kidnappings refer to when women and girls are kidnapped in order to be forcefully wed, while this is illegal, it still occurs (32), however even on a global basis, the illegality of child marriage does not mean that it has been eradicated.
Mongolia
In Mongolia, poverty and economic disparity can be connected to child marriage in the region with the highest percentages of such unions occurring to those in lower economic positions (33). This is a similar trend that can be seen worldwide when it comes to child marriage with economic instability of a person or their family contributing to their vulnerability to child marriage.
Lao People’s Democratic Republic
In the country, contributing factors include poverty and education, with COVID-19 also impacting the rates of child marriage (34).
In the country, girls from rural areas are also at a higher risk of child marriage “with 36 percent of women aged 20-24 married before 18, compared to 17 percent in urban areas.”(35) This can be tied to information that states that poverty is higher in rural areas, with poverty being a contributing factor to child marriage.
Bangladesh
In Bangladesh, factors like poverty, natural disasters, education and gender biases contribute to child marriage rates (36).
Impoverished families may see child marriage as a way to provide their daughters with opportunities, some may also see their daughters as burdens and see marriage as a way to alleviate that ‘stress’.
Some families are less likely to invest in the education of their daughters, cost of education and the inability to pay for it is also a contributing factor to child marriage.
Gender biases and ideas surrounding chastity also push child marriage. Dowry is also a contributing factor to child marriages where younger brides may have lower dowries (financial benefits in exchange for marriage) that must be given to the groom thus encouraging child marriage.
Since the country is prone to natural disasters, such occurrences also push child marriage. Poverty is also pushed by such occurrences which is also a factor contributing to this issue. Bangladesh is also vulnerable to climate change where disasters caused by it have also lead to an increase in child marriage rates (37).
Yemen
In Yemen poverty and economic insecurity, education as well as displacement are contributing factors to child marriage (38).
In the case of the lack of education, it is deeply connected to child marriage and can be seen as both resulting in it as well as a consequence of it. “Girls who had never gone to school were more likely to be married than girls who had ever attended school” (39) thus highlighting this connection.
Factors such as economic insecurity are only exacerbated by conflict thus significantly impacting displaced populations. Gender biases are also at play where displaced girls are more at risk to child marriage in comparison to boys and girls in the country who are hosts to such populations and have not been displaced.
Papua New Guinea
In the country, child marriage has been tied to poverty. Gender biases also impact this issue where financial benefits for marriage contribute to child marriage (40).
Marshall Islands
Gender inequality is a contributing factor to child marriages in the country. Cases of exploitation have also been found where women and girls of the country are being exploited by foreigners in order to obtain citizenship of the country followed by a divorce (41).
Tonga
In the country, economic disparity has been tied to child marriage where higher rates occur within households with lower conditions, rates are also higher in rural areas. As previously mentioned, on a global scale, poverty has been seen to be higher in rural areas which can be seen as an explanation for these statistics (42).
Republic of Moldova
Similar to other countries, child marriage is highest in households dealing with economic disparity, with 29.3% occurring in the poorest households and 5.4% in the richest (43). Higher rates have also been recorded in rural areas in comparison to urban ones, which is a trend that has been seen in other countries as well (44).
Denmark
While there is not much information on child marriage in Denmark, it has been connected to gender inequality (45).
Albania
Child marriage in Albania is contributed to by factors like poverty and has been connected to girls leaving their education in order to pursue marriage and other traditional roles of women. Thus, gender biases and the patriarchy also affect these rates and push child marriage (46)
Belgium
Since data is not available for all countries in the region other than Belgium it has been considered as the highest by default. Data regarding its contributing factors is not readily available.
Statistics regarding the forced marriage of adults are low in comparison to those involving minors. This can be tied to the fact that all marriages involving minors are considered forced, making them easier to identify than those involving adults who are able to consent, however they do not in the case of forced marriages. While these statistics are hard to find, they have been assumed to be lower than forced marriages involving children.In the case of contributing factors to this issue, a lot of them are similar to or are also factors in child marriages like poverty and gender biases and inequality. (47)
Forced marriage involving adults can also be connected to IMBS (International Marriage Brokers) who may operate out of countries like the U.S. but do so with the intent of finding women internationally, which makes it a type of transnational trafficking.
Since statistics around forced marriage often involve the statistics of child marriages, distinguishing between what happens to adults and what involves children becomes more difficult. Thus in this subsection, the division is based on contributing factors instead.
Poverty
Similar to in child marriage, poverty and economic disparity can push people into forced marriage in order to better their opportunities and financial status.
Some marriages may result in financial compensation in the form of gifts, this can act as a motivation to push people into forced marriages. This economic benefit as well as the idea that marriage might better the societal and economic position of their daughter are contributors to forced marriages regardless of age. Here it is important to note that while a significant percentage of forced marriages victimize women, men and boys can also be victims of forced marriages.
Conflicts
As in the case of numerous regions, conflicts and genocides can cause an increase in forced marriage. . “In the Syrian conflict, in particular, child marriage is also used as a strategic weapon of war to scare away the population and obtain the respective territory”(48).
During times of conflict, resources to aid victims also decrease in impact and availability thus impacting forced marriages as a whole (49).
“Severe violations of human rights continue to occur due to the absence of an explicit prohibition of forced marriage in armed conflicts”(50). In cases where human rights are already being violated, forced marriages can go unnoticed due the other violations occurring.
Gender bias
Gender biases are often a root cause allowing for and encouraging forced marriages. Gender biases, positioning men as above women and seeing women’s role in society as being largely motherhood allow for their exploitation. An example of this is in education where a lot of girls victimized by child marriage also did not finish their education. This can be tied to importance being given to the education of boys as well as an education not being seen as the main priority for women who are meant to get married and have children. Gender biases also allow for women to be discriminated against and crimes committed against them to not be taken as seriously due to the lower importance given to them. In the case of IMBs (International Marriage Brokers), women from largely the Global South are positioned as commodities and objects in order to be able to sell them for the purpose of marriage to men in the West, where a lot of IMBs operate out of the U.S. and work with men in the U.S. to ‘connect’ them with wives in different countries.
Gender biases are often positioned as culture or religion in sources detailing the factors that contribute to forced marriage. However gender biases occur everywhere in all societies regardless of their culture of religion, and so do forced marriages. Thus, such factors are not cultural but instead are gender biases and gender inequality at play.
COVID 19
The COVID-19 Pandemic, as mentioned in earlier sections, has had a significant impact on forced marriages worldwide, including in the U.S.
The shutdown of schools and resources led to the increase in forced marriage rates as victims had less resources to protect themselves.
The economic instability the pandemic brought also led to this increase in forced marriages as a way to obtain economic opportunities that are currently not present. Thus, forced marriages may be seen as a way to protect the women of one’s family as well the family from hardship.
Natural Disasters and Climate Change
As seen in Bangladesh, climate change can cause natural disasters or exacerbate disasters that are already occurring. The turmoil and destruction brought about by disasters is a contributing factor to child marriage due to their impact on economic disparity and poverty.
International Frameworks:
Forced marriage is recognized internationally as a violation of human rights and a form of trafficking through the Universal Declaration of Human Rights (UDHR) and the Coalition on the Elimination of All Forms of Discrimination Against Women (CEDAW).
UDHR Article 16: Marriage shall be entered into only with the free and full consent of the intending spouses (1).
CEDAW Article 16, 1: Parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and, in particular, shall ensure, on a basis of equality of men and women (2):
(a) The same right to enter into marriage;
(b) The same right freely to choose a spouse and to enter into marriage only with their free and full consent;
(c) The same rights and responsibilities during marriage and at its dissolution;
U.S. Federal Law:
There is no standalone federal statute criminalizing forced marriage. Forced marriage must be addressed through existing trafficking laws, domestic violence laws, and immigration laws. By satisfying the elements of another crime, such as abduction, rape, or child endangerment are legal methods that have been used for charges regarding forced marriage (3).
Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act of 2023: “Reauthorizes and updates various international antitrafficking activities and foreign assistance programs; requires counter-trafficking strategies, activities, and efforts to be further integrated into projects supported by U.S. foreign assistance.” (4)
Provides federal protections against trafficking which can include forms of forced marriage where servitude or exploitation is present.
Violence Against Women Act (VAWA) is a type of self-petition for undocumented immigrants to petition for their permanent residency if they: (1) Are or were married to a U.S. citizen who has abused you; (2) have been abused by your lawful permanent resident spouse or former spouse; (3) Are a parent of a child who was abused by your U.S. citizen or LPR spouse; (4) you have been abused by your son or daughter who is a U.S. citizen. (5)
International Marriage Broker Regulation Act (IMBRA): Seeks to provide protection to those coming to the U.S. on marriage visas from abuse and possibly murder. This act requires the U.S. government to protect people throughout the process of brokering a relationship by providing information regarding the criminal background of the U.S. citizen fiance(e) or spouse (if applicable), their legal rights, and how to access aid if a relationship becomes abusive. (6)
California Law
California Penal Code § 236.1: The statute defines human trafficking in California, including deprivation of personal liberty to obtain forced labor or services. Specifies that anyone who causes or encourages a minor to engage in a commercial sex act with the intent to engage in unlawful offenses is guilty of human trafficking. (7)
California Family Code § 2210: Provides that a marriage may be voidable if the party was under 18 (among other grounds) unless certain conditions are met, and if the consent of either party was obtained by force or fraud. (8)
California Penal Code § 265: Every person who takes any woman unlawfully, against her will, and by force, menace or duress, compels her to marry him, or to marry any other person, or to be defiled, is punishable by imprisonment. (9)
Comparative Models
UNITED KINGDOM: Forced Marriage (Civil Protection) Act 2007 provides protection to individuals being forced to enter a marriage without their full and free consent, and for protecting individuals who have been forced into a marriage without such consent. Through this act, you are able to apply for a Forced Marriage Civil Protection Order, or have a third-party petition on your behalf. (10)
CANADA: Zero Tolerance for Barbaric Cultural Practices Act (2015), criminalizes polygamy, forced marriage, and child marriage, making forced marriage an indictable offense punishable by up to five years imprisonment. (11)
Survivor Advocacy Recommendations
Legal Reform: Explicitly define forced marriage as a trafficking and human rights offense in U.S. federal law to provide explicit national protection. The U.S. should draw on international norms, as reflected in the UK and Canada legal frameworks. Refer to the Comparative Models section for more details regarding the UK and Canada's legal methodology and legislation.
Systems Coordination: Provide training for courts, social services, and immigration officers to recognize coercive marriage patterns and have effective procedures that provide safe and accessible protection to victims without increasing their vulnerability.
Global Cooperation: Address transnational “marriage markets” through joint enforcement and reporting through international frameworks that are able to identify high profiled brokers, while also identifying areas with high transnational trafficking.
Forced Marriage
Unchained At Last, “Forced/Arranged/Child Marriage,” https://www.unchainedatlast.org/forced-marriage-arranged-marriage-child-marriage/
U.S. Citizenship and Immigration Services, Forced Marriage, last reviewed January 25, 2025. https://www.uscis.gov/humanitarian/forced-marriage
California Hospital Association. Who Can Consent … And For What? by Jackie Garman. California Hospital Association, May 2023. https://calhospital.org/wp-content/uploads/2023/05/Who-May-Give-Consent_FINAL.pdf
Brock, Marieke, and Emma Buckthal. Historical Overview of U.S. Policy and Legislative Responses to Honor-Based Violence, Forced Marriage, and Female Genital Mutilation/Cutting. Washington, DC: U.S. Department of Justice, Office of Justice Programs, National Institute of Justice, September 2018. NCJ 252841. https://www.ojp.gov/pdffiles1/nij/252841.pdf
MOST Policy Initiative. “Legal Marriage Age.” MOST Policy Initiative, January 21, 2025. https://mostpolicyinitiative.org/science-note/legal-marriage-age/#:~:text=Every%20state%20has%20set%20the,years%20old%20with%20parental%20consent.
California Hospital Association. Who Can Consent … And For What? by Jackie Garman. California Hospital Association, May 2023. https://calhospital.org/wp-content/uploads/2023/05/Who-May-Give-Consent_FINAL.pdf
Global Protection Cluster. Protection Risk: Child, Early or Forced Marriage. February 28, 2023, https://globalprotectioncluster.org/publications/998/policy-and-guidance/tool-toolkit/protection-risk-child-early-or-forced-marriage
Brock, Marieke, and Emma Buckthal. Historical Overview of U.S. Policy and Legislative Responses to Honor-Based Violence, Forced Marriage, and Female Genital Mutilation/Cutting. Washington, DC: U.S. Department of Justice, Office of Justice Programs, National Institute of Justice, September 2018. NCJ 252841. https://www.ojp.gov/pdffiles1/nij/252841.pdf
United Nations Office On Drugs and Crime. 2024. “Human Trafficking.” United Nations. 2024. https://www.unodc.org/unodc/en/human-Trafficking/Human-Trafficking.html
“Recruitment Transportation Transfer Harbouring Receipt the THREE ELEMENTS of TRAFFICKING.” n.d. https://www.unodc.org/pdf/india/human_trafficking/ht_definition.pdf
Statistics (And Their Interpretations)
Padilla, Mariel. 2023. “Child Marriage Is Still Prevalent across the U.S. Here’s Why.” The 19th. July 5, 2023. https://19thnews.org/2023/07/explaining-child-marriage-laws-united-states/.
“United States’ Child Marriage Problem: Study Findings 2000-2021 - Unchained at Last.” 2025. Unchained at Last. September 25, 2025. https://www.unchainedatlast.org/united-states-child-marriage-problem-study-findings-through-2021/.
“United States’ Child Marriage Problem: Study Findings 2000-2021 - Unchained at Last.” 2025. Unchained at Last. September 25, 2025. https://www.unchainedatlast.org/united-states-child-marriage-problem-study-findings-through-2021/.
“United States’ Child Marriage Problem: Study Findings 2000-2021 - Unchained at Last.” 2025. Unchained at Last. September 25, 2025. https://www.unchainedatlast.org/united-states-child-marriage-problem-study-findings-through-2021/.
“United States’ Child Marriage Problem: Study Findings 2000-2021 - Unchained at Last.” 2025. Unchained at Last. September 25, 2025. https://www.unchainedatlast.org/united-states-child-marriage-problem-study-findings-through-2021/.
Yakushko, Oksana, and Indhushree Rajan. 2016. “Global Love for Sale: Divergence and Convergence of Human Trafficking with ‘Mail Order Brides’ and International Arranged Marriage Phenomena.” Women & Therapy 40 (1–2): 190–206. doi:10.1080/02703149.2016.1213605.
Yakushko, Oksana, and Indhushree Rajan. 2016. “Global Love for Sale: Divergence and Convergence of Human Trafficking with ‘Mail Order Brides’ and International Arranged Marriage Phenomena.” Women & Therapy 40 (1–2): 190–206. doi:10.1080/02703149.2016.1213605.
Yakushko, Oksana, and Indhushree Rajan. 2016. “Global Love for Sale: Divergence and Convergence of Human Trafficking with ‘Mail Order Brides’ and International Arranged Marriage Phenomena.” Women & Therapy 40 (1–2): 190–206. doi:10.1080/02703149.2016.1213605.
Tahrih Justice Center. FREQUENTLY ASKED QUESTIONS INTERNATIONAL MARRIAGE BROKER REGULATION ACT OF 2005 (IMBRA)*.https://www.tahirih.org/wp-content/uploads/2015/06/IMBRA-Frequently-Asked-Questions.pdf
Burner, Penelope. 2025. “The Marriage Market: The Mail-Order Bride Industry in the United States!” Chapman University Digital Commons. 2025. https://digitalcommons.chapman.edu/cusrd_abstracts/33/.
Tahrih Justice Center. FREQUENTLY ASKED QUESTIONS INTERNATIONAL MARRIAGE BROKER REGULATION ACT OF 2005 (IMBRA)*.https://www.tahirih.org/wp-content/uploads/2015/06/IMBRA-Frequently-Asked-Questions.pdf
Buchanan. ‘Born to be married’: addressing child, early and forced marriage in Nyal, South Sudan. OXFAM International. February 18, 2019. https://oxfamilibrary.openrepository.com/bitstream/handle/10546/620620/rr-born-to-be-married-efm-south-sudan-180219-en.pdf;jsessionid=45F9C9A8CA92A008D9595A0AE539560F?sequence=1
Mieth, Kate, Tahia Hasan, Adrija Chakrabarty, Kenna Lee, Adrita Kaiser, Tanvir Hasan, Shatha Elnakib, Caitlin Jackson, W Courtland Robinson, and Linnea A Zimmerman. 2025. “‘What Other Option Did I Have?’– the Effect of Conflict and Displacement on Child Marriage and Early Childbearing among Displaced Rohingya Adolescents.” Conflict and Health 19 (1). https://doi.org/10.1186/s13031-025-00656-2.
“#16 Days: The Economic Trap of Child Marriage in South Sudan.” Nobel Women’s Initiative. November 29, 2023. https://www.nobelwomensinitiative.org/child_marriage_in_south_sudan.
Philipp, Jennifer. 2023. “Child Marriage in the Central African Republic - the Borgen Project.” The Borgen Project. May 11, 2023. https://borgenproject.org/child-marriage-in-the-central-african-republic/.
Philipp, Jennifer. 2023. “Child Marriage in the Central African Republic - the Borgen Project.” The Borgen Project. May 11, 2023. https://borgenproject.org/child-marriage-in-the-central-african-republic/.
Philipp, Jennifer. 2023. “Child Marriage in the Central African Republic - the Borgen Project.” The Borgen Project. May 11, 2023. https://borgenproject.org/child-marriage-in-the-central-african-republic/.
Philipp, Jennifer. 2025. “Child Marriage in Sudan: A Continuing Crisis - the Borgen Project.” The Borgen Project. July 12, 2025. https://borgenproject.org/child-marriage-in-sudan/.
Philipp, Jennifer. 2025. “Child Marriage in Sudan: A Continuing Crisis - the Borgen Project.” The Borgen Project. July 12, 2025. https://borgenproject.org/child-marriage-in-sudan/.
Philipp, Jennifer. 2025. “Child Marriage in Sudan: A Continuing Crisis - the Borgen Project.” The Borgen Project. July 12, 2025. https://borgenproject.org/child-marriage-in-sudan/.
Philipp, Jennifer. 2025. “Child Marriage in Sudan: A Continuing Crisis - the Borgen Project.” The Borgen Project. July 12, 2025. https://borgenproject.org/child-marriage-in-sudan/.
“Case Study on Delaying Adolescent Pregnancy and Child Marriage in the Kingdom of Lesotho.” n.d. https://www.unicef.org/esa/media/8951/file/Lesotho-Case-Study-Child-Marriage-2021-rev.pdf.
“Case Study on Delaying Adolescent Pregnancy and Child Marriage in the Kingdom of Lesotho.” n.d. https://www.unicef.org/esa/media/8951/file/Lesotho-Case-Study-Child-Marriage-2021-rev.pdf.
“UNFPA-UNICEF GLOBAL PROGRAMME to ACCELERATE ACTION to END CHILD MARRIAGE.” n.d. https://www.unicef.org/niger/sites/unicef.org.niger/files/2020-03/ISSUE%20BRIEF%20-%20Ending%20Child%20Marriage%20in%20Niger%20-%202020_0.pdf.
“UNFPA-UNICEF GLOBAL PROGRAMME to ACCELERATE ACTION to END CHILD MARRIAGE.” n.d. https://www.unicef.org/niger/sites/unicef.org.niger/files/2020-03/ISSUE%20BRIEF%20-%20Ending%20Child%20Marriage%20in%20Niger%20-%202020_0.pdf.
Philipp, Jennifer. 2025. “Everything to Know about Child Marriage in Nicaragua - the Borgen Project.” The Borgen Project. October 23, 2025. https://borgenproject.org/child-marriage-in-nicaragua/.
Philipp, Jennifer. 2025. “Everything to Know about Child Marriage in Nicaragua - the Borgen Project.” The Borgen Project. October 23, 2025. https://borgenproject.org/child-marriage-in-nicaragua/.
“THE IMPACT of CHILD MARRIAGE and EARLY UNIONS: Raising the Minimum Age of Consent to Marry POLICY BRIEF.” n.d. https://caribbean.unfpa.org/sites/default/files/pub-pdf/policy_brief_2023_the_impact_of_child_marriage_and_early_unions_raising_the_minimum_age.to_marry.pdf.
UN. RESEARCH BRIEF: CHILD MARRIAGE AND EARLY UNIONS IN THE CARIBBEAN. https://www.unicef.org/lac/media/46136/file/Research-Brief-Child-Marriage-and%20Early-Unions-in-the-Caribbean.pdf
Robinson, Circles. 2020. “Child Marriage in Latin America and Cuba.” Havana Times. July 2, 2020. https://havanatimes.org/features/child-marriage-in-latin-america-and-cuba/.
Robinson, Circles. 2020. “Child Marriage in Latin America and Cuba.” Havana Times. July 2, 2020. https://havanatimes.org/features/child-marriage-in-latin-america-and-cuba/.
“The Ongoing Fight against Child Marriage and ‘Bride Kidnapping’ in Kyrgyzstan.” 2022. UN News. February 20, 2022. https://news.un.org/en/story/2022/02/1111902.
“Child Marriage in Mongolia.” 2018. Child Marriage Data Portal. 2018. https://childmarriagedata.org/country-profiles/mongolia/.
“Lao Children Call Attention to the Issue of Child Marriage in New Short Film.” n.d. Www.unicef.org. https://www.unicef.org/laos/stories/lao-children-call-attention-issue-child-marriage-new-short-film.
Souvannasane, Thongsavanh. 2025. “One in Three Girls in Laos Married before 18, UNICEF Reports - Laotian Times.” Laotian Times. September 11, 2025. https://laotiantimes.com/2025/09/11/one-in-three-girls-in-laos-married-before-18-unicef-says/.
“CHILD MARRIAGE: BANGLADESH PhotograPhs by Omi for Human Rights Watch.” n.d. https://www.hrw.org/reports/bangladesh_childmarriage_brochure_FINAL_web.pdf.
“Bangladesh: IRC Study Reveals a Staggering 39% Surge in Child Marriage due to Climate Change | International Rescue Committee (IRC).” n.d. Www.rescue.org. https://www.rescue.org/press-release/bangladesh-irc-study-reveals-staggering-39-surge-child-marriage-due-climate-change.
Hunersen, Kara, Bothaina Attal, Allison Jeffery, Janna Metzler, Tareq Alkibsi, Shatha Elnakib, and W Courtland Robinson. 2021. “Child Marriage in Yemen: A Mixed Methods Study in Ongoing Conflict and Displacement.” Journal of Refugee Studies 34 (4). https://doi.org/10.1093/jrs/feaa144.
Hunersen, Kara, Bothaina Attal, Allison Jeffery, Janna Metzler, Tareq Alkibsi, Shatha Elnakib, and W Courtland Robinson. 2021. “Child Marriage in Yemen: A Mixed Methods Study in Ongoing Conflict and Displacement.” Journal of Refugee Studies 34 (4). https://doi.org/10.1093/jrs/feaa144.
Li, Hao, Yiran Pu, Zhen Li, Ziyang Jin, and Yi Jiang. 2023. “Socioeconomic Inequality in Teenage Pregnancy in Papua New Guinea: A Decomposition Analysis.” BMC Public Health 23 (1). https://doi.org/10.1186/s12889-023-17067-8.
Islands, Marshall. 2016. “Marshall Islands.” Girls Not Brides. September 2016. https://www.girlsnotbrides.org/learning-resources/child-marriage-atlas/regions-and-countries/marshall-islands/.
2025. Childmarriagedata.org. 2025. https://childmarriagedata.org/country-profiles/tonga/.
“Child Marriage in Republic of Moldova.” 2025. Child Marriage Data Portal. 2025. https://childmarriagedata.org/country-profiles/republic-of-moldova/.
“Child Marriage in Republic of Moldova.” 2025. Child Marriage Data Portal. 2025. https://childmarriagedata.org/country-profiles/republic-of-moldova/.
Denmark. 2023. “Denmark.” Girls Not Brides. 2023. https://www.girlsnotbrides.org/learning-resources/child-marriage-atlas/regions-and-countries/denmark/.
“Child Marriage in Albania (Summary).” n.d. Accessed November 22, 2025. https://eeca.unfpa.org/sites/default/files/pub-pdf/unfpa%20albania%20summary.pdf.
Filip, Nicholas. 2022. “Forced Marriage and Human Trafficking.” The Exodus Road. May 26, 2022. https://theexodusroad.com/forced-marriage-and-human-trafficking/.
Ali, Nimra, Zainab Iqbal, and Nadia Khadam. 2024. “Forced Marriages in Times of Armed Conflict: An Implicit Paradox of Modern Slavery under International Humanitarian Law.” Journal of Human Rights Practice, August. https://doi.org/10.1093/jhuman/huae023.
Ali, Nimra, Zainab Iqbal, and Nadia Khadam. 2024. “Forced Marriages in Times of Armed Conflict: An Implicit Paradox of Modern Slavery under International Humanitarian Law.” Journal of Human Rights Practice, August. https://doi.org/10.1093/jhuman/huae023.
Ali, Nimra, Zainab Iqbal, and Nadia Khadam. 2024. “Forced Marriages in Times of Armed Conflict: An Implicit Paradox of Modern Slavery under International Humanitarian Law.” Journal of Human Rights Practice, August. https://doi.org/10.1093/jhuman/huae023.
Law and Policy
United Nations General Assembly, Universal Declaration of Human Rights, A/RES/217(III) (Dec. 10, 1948), https://www.un.org/en/about-us/universal-declaration-of-human-rights
United Nations, Convention on the Elimination of All Forms of Discrimination against Women, December 18, 1979, Office of the UN High Commissioner for Human Rights, https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-elimination-all-forms-discrimination-against-women
Tahirih Justice Center, Criminal Laws Addressing Forced Marriage in the United States, September 2022, https://preventforcedmarriage.org/wp-content/uploads/2015/01/Forced-Marriage-Criminal-Statutes_2022-1.pdf
Congress.gov. "H.R.5856 - 118th Congress (2023-2024): Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act of 2023." February 26, 2024. https://www.congress.gov/bill/118th-congress/house-bill/5856.
NY Crime Victims Legal Help, “Violence Against Women Act (VAWA) Self-Petition,” Crime Victims Help NY, https://crimevictimshelpny.org/rights/immigration/item.9018-Violence_Against_Women_Act_VAWA_SelfPetition#:~:text=You%20qualify%20to%20file%20a,U.S.%20citizen%20or%20LPR%20spouse
Moodie, Alison, reviewed by Hasalyn Modine. “International Marriage Brokerage Regulation Act (IMBRA).” Boundless Immigration, February 4, 2025. https://www.boundless.com/immigration-resources/imbra-explained
California Penal Code § 236.1, “Human Trafficking,” Justia, https://law.justia.com/codes/california/code-pen/part-1/title-8/chapter-8/section-236-1/
California Family Code § 2210, “Voidable Marriage,” Justia, https://law.justia.com/codes/california/code-fam/division-6/part-2/chapter-2/section-2210/
California Penal Code § 265, “Compelling Marriage,” Justia, https://law.justia.com/codes/california/code-pen/part-1/title-9/chapter-1/section-265/
Karma Nirvana. “What Is Forced Marriage?” https://karmanirvana.org.uk/get-help/what-is-forced-marriage/
Council of Agencies Serving South Asians (CASSA), “Zero Tolerance for Barbaric Cultural Practices Act,” CASSA, https://www.cassa.ca/zero-tolerance/
Law and Policy: Pros and Cons Chart
Council of Agencies Serving South Asians (CASSA), “Zero Tolerance for Barbaric Cultural Practices Act,” CASSA, https://www.cassa.ca/zero-tolerance/