news recently published a shocking article about child marriage. Among other things, it appears that no one has been punished for entering into or contributing to such marriages for many years. Child marriage (marriage to a child under the age of 16) is a serious offense both because the child can easily be exposed to sexual abuse, and because it can be difficult to break away from a marriage. The penalty applies to both formal marriages and so-called “marital relationships” that are perceived as lasting and binding. One case news mentions came before the court, but the offense turned out to be criminally time-barred because the police only searched the suspects five years and one month after the marriage was entered into. How could a marriage with a 14-year-old become obsolete before the girl was out of her teens? The Criminal Code’s rules on limitation of criminal liability are linked to the penalty framework in the individual penalty clause. In Norway, marriage with a child under the age of 16 is punishable by up to three years in prison if it cannot be proven that the child was subjected to coercion. With a penalty of three years’ imprisonment, the limitation period is five years, and the period runs from the marriage. In the case news mentioned, the statute of limitations ran even though the marriage was entered into when it was almost four years until the offended girl came of age, and the period ran out when she was 19 years old. But is it reasonable for the deadline to run while the victim is still a child? For some offenses affecting children, a reasonable special rule has been laid down: the limitation period only starts to run from the time the offended party (the child) turns 18. The idea behind this rule is that it can be difficult for a minor to report a serious offence. Such special rules are laid down for, among other things, forced marriage, human trafficking, conversion therapy, abuse in close relationships, genital mutilation and certain sexual offences. Why does this rule not apply to child marriage? It is an enigma. In 2014, a rule was issued that the limitation period for forced marriage should only start to run from the victim’s 18th birthday. In the preparatory work, the rule was justified as follows: “Aggrieved persons are often exposed to abuse at a young age, and the victim will in many cases be in a dependent relationship with those who carry out the abuse, at least until they reach the age of majority.” This reasoning fits like a glove in child marriage, where the victim is always under 16 years old. The legislator seems to have overlooked that it is just as difficult for a young person to say that he or she is exposed to a child marriage as to a forced marriage. There is no reason why the statute of limitations for a child marriage should run out while the victim is still in his teens. The solution is a simple change in the law. It is very easy to add a reference to the provision on child marriage in the Criminal Code’s provision on the starting point for the limitation period. Such a change will give the police and the judiciary a better opportunity to pursue such abuse as child marriage – and children’s legal protection will be strengthened.
ttn-69
Criminal liability for child marriage expires too early – Statement
