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Forced Marriage Real Simple

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The concepts of 'real rape' and 'real rape victim' play a key role in the reporting and prosecution of rape cases and strongly influence their outcomes. Similar biases and misconceptions obscure other acts of gender-based violence such as forced marriage in times of armed conflict. This paper analyses how the Special Court for Sierra Leone, the Extraordinary Chambers in the Courts of Cambodia and the International Criminal Court construct and reconstruct the concepts of a 'real' and 'simple forced marriage'. It argues that the difference lies in the elements of consent, coercion, duration and purpose. The paper highlights the gendered everyday realities in which myths surrounding conflict-related forced marriage are embedded and then taken for granted and accepted as normal, contributing to the denial, downplay or justification of acts of violence against women. It argues that by reinforcing these concepts, courts miss an opportunity to educate the legal community and the public about women's experiences in peace and wartime and to develop a definition of the crime of forced marriage that reflects women's realities.

Document Type: Research Article

Publication date: 01 September 2020

More about this publication?
  • The JHEC is a multi- and interdisciplinary journal on the nexus between human trafficking, enslavement and conflict-related sexual violence. The JHEC researches both the nexus between these crimes and studies the crimes individually.

    This journal seeks high quality submissions reflecting multi- and interdisciplinary perspectives addressing domestic, regional, international and comparative developments. The core submissions are intended from the following disciplines:

    Law, Victimology, Psychology, Criminology, Sociology, Anthropology, Medicine, Political Science, Economics, International Relations, Information Technology, History.

    The JHEC uses a double-blind peer review process.

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