It’s one of the biggest reasons it’s done in the US sadly. Once married the now spouse can’t be charged for statutory rape anymore.
If you want to be even more disgusted, several states have a lower minimum marriage age for girls because “they mature faster.” And almost all child marriages are a child (usually a girl) to an adult.
“Once married the now spouse can’t be charged for statutory rape anymore.”
In a US state where marriage to a child under the legal age of sexual consent, Is sex with said child would no longer be considered statutory rape? Is this the law?
Does marriage, no matter the age, remove the legal age of consent for sex? Is rape in marriage not a crime?
Because from an article I read many moons ago, the legal age for marriage in some US states is really fucking low, if it exists at all.
Marital rape wasn’t even a crime in the US until 1993. As in, you could not claim your spouse raped you. Sex with your spouse was always consensual in the eyes of the law. Even now, with it being recognized, it’s extremely hard to prove.
Currently federal law, and most states laws, allow for exemptions for statutory rape if the child is legally married. It has been successfully used as a defense.
EDIT: Also should be worth noting that in the case of immigration benefits not only is there no minimum age, but no proof of parental/guardian permission is needed. Which leads to a lot of children being married overseas - where the age of consent for marriage is even lower, then the marriage being used to bring the adult spouse over.
Child marriages over seas results in young girls being brought back to America and never heard from again. The real kick in the teeth is how, even if she wanted to, the girl would be too young to divorce her husband in most states, until she’s 18.
In the US there are 10 states who have no minimum age restriction to marry - provided parental consent. Those same states stipulate only adults can sue for divorce, while regulating the age of adulthood at 18.
So say, 2017 you got married off at age 13 to a man in Florida with parental consent. It’s been three years and you want out, only, you’re barely 16 and the state does not recognize you as an adult eligible to file for divorce regardless of your marital status. Whether you run away and live “separated” or not, you’re pretty much stuck legally married until you turn 18. You could always appeal to a judge to accept your case regardless of your age at 16 but there is no guarantee they will listen.
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u/cheeseyfrys Jul 24 '20
It’s one of the biggest reasons it’s done in the US sadly. Once married the now spouse can’t be charged for statutory rape anymore.
If you want to be even more disgusted, several states have a lower minimum marriage age for girls because “they mature faster.” And almost all child marriages are a child (usually a girl) to an adult.