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FORCED MARRIAGE

Sweden moves to outlaw forced marriages

Anyone in Sweden who forces someone else to get married against their will can be sent to prison, according to proposed legislation presented Thursday which aims to criminalize forced marriages.

“We want to criminalize child marriage and forced marriage. It should also be a punishable offence to take a child out of the country and marry them off there,” Göran Lambertz, who heads the government inquiry tasked with drawing up new legislation, told Sveriges Television (SVT).

Lambertz has said previously that the new law included a proposal that anyone convicted of forced marriage could be sentenced to up to two years in prison.

On May 1st 2004, Sweden changed its marriage laws to make marriage under the age of 18 illegal, even if the marriage was entered into abroad.

Until then, it was possible for citizens of countries were the legal marrying age was under 18 to marry in Sweden from the age of 15 and up without requesting special permission.

But last year the government declared it wanted to see if further restrictions could be drawn up against so-called proxy marriages to try to ensure that marriages are entered into voluntarily by all parties.

The inquiry also proposes scrapping an exception to current marriage laws allowing people under the age of 18 to get married.

Sweden currently has an exemption for child marriages in cases where an underage girl is pregnant.

“We want to get rid of that. It shouldn’t be possible to get an exemption for child marriage,” Lambertz told Sveriges Television (SVT).

Lambertz will submit the inquiry’s findings to justice minister Beatrice Ask and equality minister Nyamko Sabuni on Thursday.

According to him, around 300 people in Sweden live under the threat of being married off to someone against their will.

The inquiry also proposes creating a national body to improve coordination, education, and advising among public agencies and schools which deal with the issue.

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AFGHANISTAN

Three prosecuted in Sweden’s first forced marriage charge

Three men have been charged in southern Sweden for forcing a 23-year-old woman to marry a man in Afghanistan - after abducting her boyfriend in Sweden.

Three prosecuted in Sweden’s first forced marriage charge
Prosecutor Kristina Ehrenborg-Staffas in 2012. Photo: Adam Ihse/TT

The woman’s father and two other men are accused of carrying out a series of crimes against her 21-year-old boyfriend in Lund. The indictment says they abducted, assaulted, robbed, extorted and sexually harassed him in November 2015. 

On the same night as the alleged abduction, the woman’s father is accused of making illegal threats that involved pushing her into a marriage against her will.

“This is Sweden’s first forced marriage indictment as far as I know,” prosecutor Ulrika Engwall told news agency TT, adding that she believed all of the alleged crimes were honour-related. 

Two of the suspects, the woman’s father and a close friend of his, are being held in custody. The third remains at large. 

“The woman did not comply with what the family thought and continued the relationship [with the 21-year-old] after she was married off,” said Engwall. 

Johan Sjöström, a lawyer representing the woman’s father, said his client rejected all of the allegations against him and insisted that his daughter had agreed to the marriage. 

Sweden enacted a new law to combat forced marriage in July 2014. Despite a number of reports being filed, this is the first case to result in an indictment. 

The Prosecution Authority's development centre in Gothenburg has examined the earlier preliminary investigations to see why they were dropped. 

“We’ve been tasked by the government with finding out why there haven’t been any previous indictments,” said prosecutor Kristina Ehrenborg-Staffas.

“The nature of the crime means that there are often difficulties with evidence. Often prosceutors only have the girl’s version to go on.There’s a lack of witnesses willing to talk and opinion is often divided on whether a marriage has taken place,” she said. 

Forced marriages were already illegal in Sweden prior to 2014 but were treated as part of a broader category of coercion crimes. The new law also criminalized a broader range of offences.

Anyone found guilty of forced marriage can be jailed for up to four years. 

People convicted of tricking a victim into travelling abroad to be married off against their will can face two years in prison.