The constitutive elements of the crime of forced marriage punishable under Article 251G in the Criminal Code

Abstract

Forced marriage is seen as a tradition in many countries but in others it is seen as a criminal offence. Forced marriage entered Malta in 2014 so it is a relatively new concept which has not yet been analysed thoroughly. When comparing Malta with other countries it can be seen that this country has created numerous entities to secure and provide services in relation to gender-based violent crimes but not specific services for the offence of forced marriage. The opening section of this term paper clarifies forced marriage in general and how it applies in the realms of Maltese Law. Article 251G of the Criminal Code is analysed in order to explain the mens rea and actus reus of this criminal offence. Furthermore, an examination and analysis of the offence of abduction in Article 199 of the Criminal Code and how it has been updated to form part of the Criminal Code is presented. This study then describes the evolution and development of the crime of forced marriage on the international plane. This is related in particular to the European Union and the Council of Europe, and efforts for countries around the world to implement the Istanbul Convention. The ratification of this Convention by Malta and other countries, and its non-ratification by the UK, are also discussed.