Forced Marriage Real Simple

Baumeister, Hannah

Abstract

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.

Citation

Baumeister, H. (2020). Forced Marriage Real Simple. Journal of Human Trafficking, Enslavement and Conflict-Related Sexual Violence, 1(1), 25-47. https://doi.org/10.7590/266644720x15989693725685

• Journal Article Type: Article
• Acceptance Date: Jun 4, 2020
• Publication Date: Sep 10, 2020
• Deposit Date: Oct 13, 2020
• Publicly Available Date: Oct 23, 2020
• Journal: Journal of Human Trafficking, Enslavement and Conflict-Related Sexual Violence
• Print ISSN: 2666-447X
• Electronic ISSN: 2666-4488
• Publisher: Paris Legal Publishers
• Peer Reviewed: Peer Reviewed
• Volume: 1
• Issue: 1
• Pages: 25-47
• DOI: https://doi.org/10.7590/266644720x15989693725685
• Public URL: https://nottingham-repository.worktribe.com/output/4962089
• Publisher URL: https://www.ingentaconnect.com/content/plp/jhec/2020/00000001/00000001/art00003;jsessionid=2qhedsq95fge4.x-ic-live-01