Criminal Liability for Coercing A Woman into Marriage or Interfering with Her Right to Marry: Comparative Perspectives and Prospects for Improving National Legislation
Abstract
This article examines criminal liability for coercing a woman into marriage or continued marital cohabitation, as well as for obstructing her right to marry. It further offers a comparative analysis of the relevant legislative approaches in Bulgaria, the Republic of Korea, the Netherlands, San Marino, Azerbaijan, Georgia, Kyrgyzstan, Armenia, Belarus, Kazakhstan, Latvia, Lithuania, Ukraine, and Estonia. The study substantiates the need to differentiate criminal liability within the relevant provision of national legislation by distinguishing between two separate offenses: (1) coercion of a woman into marriage or continued marital cohabitation, or obstruction of her right to marry; and (2) abduction of a woman against her will for the purpose of marriage.