Analysis: Forced marriage is crime of low incidence, but impact is high

Forced marriage, by its very nature is an under-reported phenomenon. In Scotland, it can be described as “low incidence – high impact”. The communities in which it will be most likely to happen are small and although the pressures which can allow the practice of forced marriage to flourish are weaker here than in some major cities south of the Border, the problem does exist. In those areas where it does, it is disastrous for those involved. Forced marriage in this context need not require a threat of physical violence, but can include more subtle means to overcome the will of the victim, such as a threat that the whole family will be ostracised in the community. Scots law, unlike English law, makes the breach of a Forced Marriage Protection Order a crime in itself and this should help to persuade perpetrators as well as potential victims that the matter will be taken seriously. It may be that the publicity associated with this first order will lead to other orders being granted. The penalties for breach are secure enough if the courts are prepared to use them. Of course in extreme cases of forced marriage other offences will be committed and they can be punished in the normal way. Public education is going to be the most important feature of the government’s policy. • John Fotheringham is director of family law at Lindsays.