Ruqayyah Snyder
Forced marriage has been illegal in Australia since 2013, with laws tightened in 2019 to extend protection to children under 16. The Australian government is working with state and territory governments to tackle forced marriage through a coordinated national approach. The Commonwealth Criminal Code Act 1995 contains offences regarding forced marriage, with a maximum penalty of seven years' imprisonment, or nine years for aggravated offences, such as when the victim is under 18. The Australian Federal Police (AFP) responded to 91 reports of forced marriages in 2023-24, representing almost 25% of all human trafficking offence reports received that year.
| Characteristics | Values |
|---|---|
| Year it became illegal | 2013 |
| Laws tightened | 2019 |
| Maximum penalty | 7 years' imprisonment |
| Maximum penalty for an aggravated offence | 9 years' imprisonment |
| Maximum penalty if the victim is under 18 | 25 years' imprisonment |
| Maximum penalty if an Australian citizen travels overseas to enforce a marriage | 4 years' imprisonment |
| Maximum penalty if the victim is younger than 18 | More than 4 years' imprisonment |
| Maximum penalty if the victim is subjected to cruel or inhumane treatment | More than 4 years' imprisonment |
| Who to call to report a forced marriage | Australian Federal Police on 131 AFP (131 237) |
| Who to call in an emergency | Triple Zero (000) |
| Who to call if already overseas | Nearest Australian embassy or consulate |
| Who to call if in Australia | Consular Emergency Centre on +61 2 6261 3305 |
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What You'll Learn
Penalties for forced marriage
In Australia, forced marriage is illegal. The Commonwealth Criminal Code Act 1995 (the Criminal Code) contains offences regarding forced marriage. It is illegal to cause a person to enter a forced marriage, and to be a party to a forced marriage. Being a party to a forced marriage means agreeing to marry someone who you know or suspect is a victim of forced marriage, unless you are a victim yourself.
Forced marriage offences carry a maximum penalty of seven years' imprisonment, or nine years' imprisonment for an aggravated offence. An offence may be aggravated if the victim is under the age of 18, in which case the maximum penalty increases to 25 years' imprisonment. The Commonwealth Marriage Act 1961 includes provisions whereby a marriage may be void if the consent of a party was not real, or if a party was not of marriageable age.
If a child under 18 marries overseas without a court order, Australia will not recognise the marriage. The Australian Federal Circuit Court can make orders to ensure that a child cannot be taken overseas for the purpose of forced marriage.
If someone is in, or at risk of, a forced marriage, they may find it hard to tell someone about their situation. Signs that someone is in a forced marriage, or at risk of being forced into a marriage, may include the person's family having a lot of control over their life, the person displaying signs of depression, self-harm, social isolation, and substance abuse, the person seeming nervous about an upcoming family holiday overseas, and the person spending a long time away from school, university, or work.
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Reporting forced marriage
Forced marriage is illegal in Australia. The Australian government has developed a forced marriage community pack that provides information and resources on the topic. The pack is available in Arabic, Dari, Farsi, Somali, Tamil and Urdu, in addition to English.
If you think someone is in, or at immediate risk of, a forced marriage, you can call the Australian Federal Police on 131 AFP (131 237). Calls can be anonymous, and the more information you can provide, the better. For instance, information that can help locate the victim includes their full name, date of birth, address, contact details, and details of their family members or friends. You can also report a forced marriage online to the AFP. All information is kept confidential.
If you are overseas and suspect that you may be forced into a marriage, you can contact the nearest Australian embassy or consulate. You can also get in touch with the Consular Emergency Centre by calling +61 2 6261 3305. If your life is in danger, it is important to first find a safe place from where you can make the call.
Additionally, you can seek further advice by visiting My Blue Sky, calling (02) 9514 8115, or texting 0481 070 844. My Blue Sky is Australia's first website dedicated to forced marriage prevention, information, referrals, and legal advice.
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Defining forced marriage
Forced marriage has been illegal in Australia since 2013, with laws tightened in 2019 to extend protection to children under 16. It is considered a serious form of exploitation, and the Australian government treats it as a crime under human trafficking, slavery, and slavery-like practices. The Commonwealth Criminal Code Act 1995 contains offences regarding forced marriage, making it illegal to cause or be a party to a forced marriage.
A forced marriage is defined as a union that one or both partners enter into without their full and free consent. This can include legally recognised marriages, cultural or religious ceremonies, and registered relationships. It is considered forced when an individual is coerced, threatened, or deceived into the marriage, often involving family members, friends, wedding planners, and marriage celebrants. A servile marriage, where an individual is sold, inherited, or treated as a possession, is also considered a form of forced marriage.
The key aspect that distinguishes a forced marriage from an arranged marriage is consent. In an arranged marriage, families may choose the partners, but both individuals ultimately choose to enter the marriage. In a forced marriage, one or both parties are deprived of their right to choose and are subjected to various forms of pressure or manipulation.
Signs of a potential forced marriage include a person's family exerting excessive control over their life, limited independence, sudden changes in domestic arrangements, anxiety surrounding family matters or overseas travel, and indicators of depression, self-harm, social isolation, or substance abuse.
The Australian government takes a victim-centric approach, prioritising the safety and well-being of those affected. The Australian Federal Police (AFP) encourages reporting and offers confidential reporting options, including an anonymous hotline (131 AFP or 131 237). The AFP works to raise awareness, prevent crimes, and provide assistance to victims, including helping Australian citizens or permanent residents who may need passport replacements while overseas.
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The Australian government's strategy
Secondly, the government has implemented a coordinated national approach, working with state and territory governments to enhance civil protections and remedies for individuals affected by forced marriage. This includes the development of a model to strengthen these protections, with input from the Australian public to ensure the effectiveness and relevance of these measures.
Thirdly, the Australian Federal Police (AFP) play a critical role in preventing and responding to forced marriages. The AFP takes a victim-centric approach, prioritising the safety and well-being of victims, and works proactively with at-risk communities, including schools, to raise awareness of the laws, warning signs, and available assistance. The AFP also collaborates with the Australian Centre to Counter Child Exploitation (ACCCE) to address human trafficking, of which forced marriage is a significant component.
Furthermore, the government has established penalties for those involved in forced marriages, including family members and guests present at the wedding, regardless of their role in organising the marriage. These penalties can include imprisonment, with maximum sentences varying based on the circumstances of the offence, such as the age of the victim and the presence of cruel or inhumane treatment.
Lastly, the Australian government provides support to victims of forced marriage, both domestically and overseas. Domestically, individuals can report suspected cases of forced marriage to the AFP or call emergency services if there is an immediate danger. Overseas, individuals can contact the nearest Australian embassy or consulate for assistance, and consular officials will work with them to address their needs, such as finding accommodation or arranging travel back to Australia.
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Travelling overseas
Victims of Forced Marriage:
- If you are an Australian citizen or resident and suspect you may be forced into a marriage overseas, contact the Australian Federal Police (AFP) on 131 237. You can also call the 24-hour Consular Emergency Centre on +61 2 6261 3305. These services can advise and support you.
- Leave a copy of your passport, itinerary, and contact details with a trusted friend or family member. This can help ensure your safety and facilitate communication if needed.
- If you are already overseas and suspect you may be forced into a marriage, contact the nearest Australian embassy or consulate. They can advise you on your options and provide assistance within the limits of local laws and conditions. Ensure you consider your safety when trying to make contact.
Potential Perpetrators of Forced Marriage:
- It is illegal for Australian citizens to travel overseas to enforce a forced marriage. The penalties can include up to four years in prison, with higher penalties if the victim is a minor or subjected to cruel treatment.
- Sending a child overseas for a forced marriage can result in human trafficking charges, with a maximum penalty of up to 25 years in prison.
- Summer holidays are a peak time for young people to be taken overseas for forced marriages. Be vigilant, especially if a person seems nervous about an upcoming family holiday overseas.
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Frequently asked questions
Yes, forced marriage has been illegal in Australia since 2013.
The penalty for forced marriage in Australia can include up to 4 years in prison. The penalty may be more if the victim is younger than 18 or subjected to cruel or inhumane treatment.
A forced marriage is when a person enters a marriage without freely and fully consenting because they have been coerced, threatened, or deceived.
If you suspect that someone is in a forced marriage or at immediate risk of a forced marriage, you can call the Australian Federal Police on 131 AFP (131 237). In an emergency, dial Triple Zero (000).
There are several signs that may indicate that someone is in a forced marriage or at risk of a forced marriage. These include the person's family having an excessive amount of control over their life, the person displaying signs of depression, self-harm, social isolation, or substance abuse, and the person seeming nervous about an upcoming family holiday overseas.
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