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Juvenile Delinquency- Overview

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Currently, there is not an agency whose jurisdiction is tracking worldwide juvenile delinquency but UNICEF estimates that over one million children are in some type of detention globally. [1] Many countries do not keep records of the amount of delinquent or detained minors but of the ones that do, the United States has the highest number of juvenile delinquency cases. [2] In the United States, the Office of Juvenile Justice and Delinquency Prevention compiles data concerning trends in juvenile delinquency. According to their most recent publication, 7 in 1000 juveniles in the US committed a serious crime in 2016.[3] A serious crime is defined by the US Department of Justice as one of the following eight offenses: murder and non-negligent homicide, rape (legacy & revised), robbery, aggravated assault, burglary, motor vehicle theft, larceny-theft, and arson.[4] According to research compiled by James Howell in 2009, the arrest rate for juveniles has been dropping consistently since its peak in 1994. [5] Of the cases for juvenile delinquency that make it through the court system, probation is the most common consequence and males comprise over 70% of the caseloads [6] [3]

According to developmental research by Moffitt (2006),[7] there are two different types of offenders that emerge in adolescence. The first is an age specific offender, referred to as the adolescence-limited offender, for whom juvenile offending or delinquency begins and ends during their period of adolescence. Moffitt argues that most teenagers tend to show some form of antisocial or delinquent behavior during adolescence, it is therefore important to account for these behaviors in childhood in order to determine whether they will be adolescence-limited offenders or something more long term.[8]The other type of offender is the repeat offender, referred to as the life-course-persistent offender, who begins offending or showing antisocial/aggressive behavior in adolescence (or even in childhood) and continues these behaviors into adulthood. [8]

Juvenile Delinquency- Personality Factors

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Juvenile Delinquency, is the unlawful activities by minors in their teen or pre-teen years. It is influenced by four main risk factors namely; personality, background, state of mind and drugs. Other factors that may lead a teenager into juvenile delinquency include poor or low socioeconomic status, poor school readiness/performance and/or failure, peer rejection, or attention deficit hyperactivity disorder (ADHD). There may also be biological factors, such as high levels of serotonin, giving them a difficult temper and poor self-regulation, and a lower resting heart rate, which may lead to fearlessness. Delinquent activity, particularly the involvement in youth gangs, may also be caused by a desire for protection against violence or financial hardship, as the offenders view delinquent activity as a means of surrounding themselves with resources to protect against these threats. Most of these influences tend to be caused by a mix of both genetic and environmental factors.[9] Some research indicates that changes in the weather can increase the likelihood of children exhibiting deviant behavior.[10]


Children who develop behavioral problems early in life are at greater risk for continual antisocial behavior, criminal activity and violence.[11]

These factors may lead to the child having low IQ and may increase the rate of illiteracy.[12]

Individual psychological or behavioral risk factors that may make offending more likely include low intelligence, impulsiveness or the inability to delay gratification, aggression, lack of empathy, and restlessness.[13] Other risk factors that may be evident during childhood and adolescence include, aggressive or troublesome behavior, language delays or impairments, lack of emotional control (learning to control one's anger), and cruelty to animals.[14]

  Children with low intelligence are more likely to do badly in school. This may increase the chances of offending because low educational attainment, a low attachment to school, and low educational aspirations are all risk factors for offending in themselves.[15][16][17] Children who perform poorly at school are also more likely to be truant, and the status offense of truancy is linked to further offending.[18]

Mental/conduct disorders

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Juvenile delinquents are often diagnosed with different disorders. Around six to sixteen percent of male teens and two to nine percent of female teens have a conduct disorder. These can vary from oppositional-defiant disorder, which is not necessarily aggressive, to antisocial personality disorder, often diagnosed among psychopaths.[19] A conduct disorder can develop during childhood and then manifest itself during adolescence.[20]

Juvenile delinquents who have recurring encounters with the criminal justice system, or in other words those who are life-course-persistent offenders, are sometimes diagnosed with conduct disorders because they show a continuous disregard for their own and others safety and/or property. Once the juvenile continues to exhibit the same behavioral patterns and turns eighteen he is then at risk of being diagnosed with antisocial personality disorder and much more prone to become a serious criminal offender.[21] One of the main components used in diagnosing an adult with antisocial personality disorder consists of presenting documented history of conduct disorder before the age of 15. These two personality disorders are analogous in their erratic and aggressive behavior. This is why habitual juvenile offenders diagnosed with conduct disorder are likely to exhibit signs of antisocial personality disorder early in life and then as they mature. Some times these juveniles reach maturation and they develop into career criminals, or life-course-persistent offenders. "Career criminals begin committing antisocial behavior before entering grade school and are versatile in that they engage in an array of destructive behaviors, offend at exceedingly high rates, and are less likely to quit committing crime as they age."[21]

Quantitative research was completed on 9,945 juvenile male offenders between the ages of 10 and 18 in Philadelphia, Pennsylvania in the 1970s.[22] The longitudinal birth cohort was used to examine a trend among a small percentage of career criminals who accounted for the largest percentage of crime activity.[22] The trend exhibited a new phenomenon among habitual offenders. The phenomenon indicated that only 6% of the youth qualified under their definition of a habitual offender (known today as life-course persistent offenders, or career criminals) and yet were responsible for 52% of the delinquency within the entire study.[22] The same 6% of chronic offenders accounted for 71% of the murders and 69% of the aggravated assaults.[22] This phenomenon was later researched among an adult population in 1977 and resulted in similar findings. S. A. Mednick did a birth cohort of 30,000 males and found that 1% of the males were responsible for more than half of the criminal activity.[23] The habitual crime behavior found among juveniles is similar to that of adults. As stated before most life-course persistent offenders begin exhibiting antisocial, violent, and/or delinquent behavior, prior to adolescence. Therefore, while there is a high rate of juvenile delinquency, it is the small percentage of life-course persistent, career criminals that are responsible for most of the violent crimes.

Juvenile Delinquency- Situational Factors

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Most of influencing factors for juvenile delinquency tend to be caused by a mix of both genetic and environmental factors.[9] According to Laurence Steinberg's book Adolescence, the two largest predictors of juvenile delinquency are parenting style and peer group association.[9] Additional factors that may lead a teenager into juvenile delinquency include poor or low socioeconomic status, poor school readiness/performance and/or failure and peer rejection. Delinquent activity, especially the involvement in youth gangs, may also be caused by a desire for protection against violence or financial hardship. Juvenile offenders can view delinquent activity as a means of gaining access to resources to protect against such threats. Research by Carrie Dabb indicates that even changes in the weather can increase the likelihood of children exhibiting deviant behavior.[10]


Family environment

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Family factors that may have an influence on offending include: the level of parental supervision, the way parents discipline a child, parental conflict or separation, criminal activity by parents or siblings, parental abuse or neglect, and the quality of the parent-child relationship.[24]As mentioned above, parenting style is one of the largest predictors of juvenile delinquency. There are 4 categories of parenting styles which describe the attitudes and behaviors that parents express while raising their children. [25]
  • Authoritative parenting is characterized by warmth and support in addition to discipline.
  • Indulgent parenting is characterized by warmth and regard towards their children but lack structure and discipline.
  • Authoritarian parenting is characterized by high discipline without the warmth thus leading to often hostile demeanor and harsh correction
  • Neglectful parenting is both non responsive and non demanding. The child is not engaged either affectionately or disciplinary by the parent.[25]

According to research done by Laura E. Berk, the style of parenting that would be most beneficial for a child, based on studies conducted by Diana Baumrind(1971) is the authoritative child-rearing style because it combines acceptance with discipline to render healthy development for the child.[26][27]

As concluded in Steinberg's Adolescence, children brought up by single parents are more likely to live in poverty and engage in delinquent behavior than those who live with both parents.[28] However, according to research done by Graham and Bowling, once the attachment a child feels towards their parent(s) and the level of parental supervision are taken into account, children in single parent families are no more likely to offend than others. It was seen that when a child has low parental supervision they are much more likely to offend.[24][29] A lack of supervision is also connected to poor relationships between children and parents. Children who are often in conflict with their parents may be less willing to discuss their activities with them.[24] Conflict between a child's parents is also much more closely linked to offending than being raised by a lone parent.[30]

Adolescents with siblings who have committed crimes are more likely to be influenced by their siblings and become delinquent if the sibling is older, of the same sex/gender, and maintains a good relationship with the child.[31] Cases where a younger criminal sibling influences an older one are rare. An aggressive more hostile sibling is less likely to influence a younger sibling in the direction of delinquency, if anything, the more strained the relationship between the siblings, the less they will want to be influence each other.[31]

Peer Influence

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Peer rejection in childhood is also a large predictor of juvenile delinquency. [14]This rejection can affect the child's ability to be socialized properly and often leads them to gravitate towards anti-social peer groups.[31] Association with anti-social groups often leads to the promotion of violent, aggressive and deviant behavior. [31] Robert Vargas's "Being in 'Bad' Company," explains that adolescents who can choose between groups of friends are less susceptible to peer influence that could lead them to commit illegal acts.[32] Aggressive adolescents who have been rejected by peers are also more likely to have a "hostile attribution bias", which leads people to interpret the actions of others (whether they be hostile or not) as purposefully hostile and aggressive towards them.[33] This often leads to an impulsive and aggressive reaction.[33]

Conformity plays a significant role in the vast impact that peer group influence has on an individual. Aronson, Wilson, & Akert (2013)[34] point to the research experiment conducted by Solomon Asch (1956),[35] to ascertain whether a group could influence an individual's behavior. The experiment was executed by asking a participant determine which line in the set of 3 lines matched the length of an original line. "Confederates" knew the purpose of the experiment and were directed to answer the questions incorrectly during certain phases of the experiment. These "confederates" answered the question before the participant. The "confederates" answered the first few questions correctly, as did the participant. Eventually, all of the confederates started to answer incorrectly. The purpose of the experiment was to see if the group would influence the participant to answer incorrectly. Asch found that seventy-six percent of the participants conformed and answered incorrectly when influenced by the group.[35] According to these findings, it was concluded that a peer group that is involved in deviant behavior can influence an adolescent to engage in similar activities[36]. Once the adolescent becomes part of the group, they will be susceptible to groupthink.[34]

School to Prison Pipeline

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A common contributor to juvenile delinquency rates is a phenomenon referred to as the school to prison pipeline. In recent years, school disciplinary measures have become increasingly policed.[37] In fact, 67% of high school students attend schools with police officers. [38]This rise in police presence is often attributed to the implementation of zero tolerance policies.[39] Based on the "broken windows" theory of criminology and the Gun-Free Schools Act, zero tolerance policies stress the use of specific, consistent, and harsh punishment to deal with in school infractions.[40] [39]Often measures such as suspension or expulsion are assigned to students who deviant regardless of the reason or past disciplinary history.[39] This use of punishment often has been linked with increasing high school drop out rates and future arrests.[41] It was found in a 2018 study that students who received a suspension were less likely to graduate and more likely to be arrested or on probation [42]. As stated in research by Matthew Theriot, the increased police presence in school and use of tougher punishment methods leads student actions to be criminalized and in turn referred to juvenile justice systems.[37]

The Center on Youth Justice at the Vera Institute of Justice found that “for similar students attending similar schools, a single suspension or expulsion doubles the risk that a student will repeat a grade.[43] Being retained a grade, especially while in middle or high school, is one of the strongest predictors of dropping out.” In a national longitudinal study, it was reported that youth with a prior suspension were 68% more likely to dropout of school”. [39]

The School to Prison Pipeline disproportionately affects minority students. [44] According to data compiled by the United States Government Accountability Office, 39% of students who received a suspension in the 2013-14 school year were Black, even though Black students only comprised of about 15% of public school students. [45] This over-representation applied to both boys and girls of African descent. [45] Compared to White students, black students were expelled or suspended 3 times as frequently. [46]

Juvenile Delinquency- Prevention

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Delinquency prevention is the broad term for all efforts aimed at preventing youth from becoming involved in criminal, or other antisocial, activity. Prevention services may include activities such as substance abuse education and treatment, family counseling, youth mentoring, parenting education, educational support, and youth sheltering. Increasing availability and use of family planning services, including education and contraceptives helps to reduce unintended pregnancy and unwanted births, which are risk factors for delinquency. It has been noted that often interventions such as peer groups may leave at-risk children worse off then if there had never been an intervention.[47]

Punishment

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One criminal justice approach to juvenile delinquency is through the juvenile court systems. These courts are specifically for minors to be tried in. Sometimes, juvenile offenders are sent to adult prisons. [48] In the United States, children as young as 13 can be tried and convicted as adults.[49] According to the US Department of Justice, about 3,600 children are housed in adult jails. [50]

Policies

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Education promotes economic growth, national productivity and innovation, and values of democracy and social cohesion.[51] Prevention through education has been seen to discourage delinquency for minors.[52]

A well-known intervention treatment is the Scared Straight Treatment.[53] According to research done by Scott Lilienfeld, this type of intervention is often harmful because of juvenile offenders’ vicarious exposure to criminal role models and the possibility of increased resentment in reaction to the confrontational interactions.[54] It has been reasoned that the most efficient interventions are those that not only separate at-risk teens from anti-social peers, and place them instead with pro-social ones, but also simultaneously improve their home environment by training parents with appropriate parenting styles.[47]

In response to the data correlated with the school to prison pipeline, some institutions have implemented restorative justice policies. [55] The restorative justice approach emphasizes conflict resolution and non-punitive intervention. [56] Interventions such as hiring more counselors as opposed to security professionals or focusing on talking through problems would be included in a restorative justice approach. [56]

Child Marriages in the US Overview

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  • Reason for Interest

This wikipage is very important because the topic of child marriages is largely considered a human rights issue. Children are one of the most, if not the most, vulnerable members of our society so it is paramount to have the knowledge available to protect them. Underage marriage is a problem that I believe more people should be aware so that positive change in advocacy in legislature can be made. Credible and complete knowledge is essential in pursuing this goal.

  • Summary of Work

In the “Child Marriages in the US” article, there is very little information in general. I plan to reorganize the sections for clarity, expand information on the causes and consequences of child marriages, and expand the literature on preventative measures. As I was reviewing the article, I noticed grammatical and structural errors. I plan to address these in my edits as well as restructure the article for cohesion and an easier reading experience. Another area of revision will be focused on expanding the information on the causes and consequences of child marriages. I plan to research and detail reasons why children are being married and the psychological/emotional effects of these relationships. Some of this information will touch on sex trafficking. Finally, I will expand and explain the information on preventive measures that have been taken legisilatively and through nonprofit organization to provide a scope and context for solutions.

  • Outline of Article

• 1. Background →1.1 Causes →1.2 Demographics →1.3 Common occurrences

• 2. Marriage Age →2.1 Statistics by State →2.2 US Territories →2.3Comparison with other countries

• 3. Legal Status →3.1 Underage marriage and sexual consent →3.2 Emancipation by marriage

• 4. Consequences of child marriage →4.1 Sex trafficking →4.2 Emotional and Psychological 4.3 Education

• 5. Prevention →5.1 Federal law →5.2 U.S. Territories →5.3 U.S. States →5.4 Nongovernmental

• 7See also

• 8References


  • Bibliography

- Berman, Cassandra N. “American Child Bride: A History of Minors and Marriage in the United States by Nicholas L. Syrett (Review).” Journal of the Early Republic 38, no. 3 (Fall 2018): 578–80. doi:10.1353/jer.2018.0065.

This source gives historical context for discussing child marriages in the US.

- Koski, Alissa, and Jody Heymann. “Child Marriage in the United States: How Common Is the Practice, And Which Children Are at Greatest Risk?” Perspectives on Sexual & Reproductive Health 50, no. 2 (June 2018): 59–65. doi:10.1363/psrh.12055.

This source provides an overview of Child Marriages in the US.

- Wolfhurst, Elaine. “Child brides call on U.S. states to end 'legal rape” Reuters Oct 24, 2018 https://www.reuters.com/article/us-usa-childmarriage-reform/child-brides-call-on-us-states-to-end-legal-rape-idUSKCN1MZ024. Accessed 26 September 2019.

This article has information on state initiatives to end child marriage through legislation.

- Burns, Camellia. “Why Domestic Institutions Are Failing Child Brides: A Comparative Analysis of India’s and the United States’ Legal Approaches to the Institution of Child Marriage.” Tulane Journal of International & Comparative Law 23, no. 1 (Winter 2014): 151–76.

This source has information on initiatives taken by the US to end/protect child brides. It also compares these methods to those instituted in India.

- Raj, Anita, Lotus McDougal, Jay G. Silverman, and Melanie L. A. Rusch. “Cross-Sectional Time Series Analysis of Associations between Education and Girl Child Marriage in Bangladesh, India, Nepal and Pakistan, 1991-2011.” PLoS ONE 9, no. 9 (September 2014): 1–9. doi:10.1371/journal.pone.0106210.

This source will be used to provide a broader context to the topic of child marriages by examining other countries.

- "Child Marriages: 39,000 Every Day – More than 140 million girls will marry between 2011 and 2020". www.un.org. 7 March 2013. Retrieved 26 September 2018.

This is a nonacademic source stating statistics on child brides in the united states.

- Dinwiddie S, Heath AC, Dunne MP, et al. (January 2000). "Early sexual abuse and lifetime psychopathology: a co-twin-control study". Psychological Medicine. 30 (1): 41–52. doi:10.1017/S0033291799001373. PMID 10722174.

This paper examines the psychological effects of sexual abuse in children.

- Messman-Moore, T. L.; Long, P. J. (2000). "Child Sexual Abuse and Revictimization in the Form of Adult Sexual Abuse, Adult Physical Abuse, and Adult Psychological Maltreatment". Journal of Interpersonal Violence. 15 (5): 489–502. doi:10.1177/088626000015005003.

This source talks about how sexual abuse to children affects the psychological health of that child as they grow into adulthood.

- Bulik CM, Prescott CA, Kendler KS (November 2001). "Features of childhood sexual abuse and the development of psychiatric and substance use disorders". The British Journal of Psychiatry. 179 (5): 444–9. doi:10.1192/bjp.179.5.444. PMID 11689403.

This source examines the connection between early sexual abuse and later dependencies and disorders.

- Kamler, Erin Michelle (2013). "Negotiating Narratives of Human Trafficking: NGOs, Communication and the Power of Culture". Journal of Intercultural Communication. 42: 73–90. doi:10.1080/17475759.2012.728147.

This source talks about nonprofit initiatives that seek to address sex trafficking.

- Romans SE, Martin JL, Anderson JC, O'Shea ML, Mullen PE (January 1995). "Factors that mediate between child sexual abuse and adult psychological outcome". Psychological Medicine. 25 (1): 127–42. doi:10.1017/S0033291700028154. PMID 7792348.

This source comments on the links between the sexual abuse of children and adult mental health.

- Amin, Sajeda, M. Niaz Asadullah, Sara Hossain, and Zaki Wahhaj. “Eradicating Child Marriage in the Commonwealth: Is Investment in Girls’ Education Sufficient?” Round Table 106, no. 2 (April 2017): 221–23. doi:10.1080/00358533.2017.1299461.

This source talks about initiatives to curtail child marriages such as education for more girls.

- Makhlouf, Medha D. “Theorizing the Immigrant Child: THE CASE OF MARRIED MINORS.” Brooklyn Law Review 82, no. 4 (Summer 2017): 1603–50.

This source examines the story of married children particularly those who are immigrants.

- Misunas, Christina, Colleen Murray Gastón, and Claudia Cappa. “Child Marriage among Boys in High-Prevalence Countries: An Analysis of Sexual and Reproductive Health Outcomes.” BMC International Health & Human Rights 19, no. 1 (August 16, 2019): N.PAG. doi:10.1186/s12914-019-0212-8.

This article focuses on the sexual reprocussions of child marriages specifically for boys.

- Schuman, Rachel L. “State Regulations Are Failing Our Children: An Analysis of Child Marriage Laws in the United States.” William & Mary Law Review 60, no. 6 (May 2019): 2337–74.'

This source details various laws that have been enacted in regard to child marriages.

- Kempadoo, Kamala (2015-01-02). "The Modern-Day White (Wo)Man's Burden: Trends in Anti-Trafficking and Anti-Slavery Campaigns". Journal of Human Trafficking. 1 (1): 8–20. doi:10.1080/23322705.2015.1006120. ISSN 2332-2705.

This source examines sex trafficking and the causes or influences on that enterprise.


Child Marriage in the US -Lead

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A child or underage marriage in the United States is a marriage in which at least one party is under the age of eighteen years.[57] Historically this has been a relatively acceptable practice, but in recent decades the practice of child marriage is contested. Today, some claim that child marriage is a form of child sexual abuse.

The marriage age in the United States is set by each state, territory and federal district. According to the a report published by the Tahari Justice Center, there are 13 states in which there is no minimum age for marriage [58] Since 2018, two states, Delaware[59] and New Jersey[60] have banned underage marriages without exception. American Samoa, a United States territory, also does not allow underage marriages.[61]

Between 2000 and 2015, over 200,000 minors were legally married in the United States.[62] Statistically, that's about six out of every thousand children [63]. The vast majority of child marriages were between a child and an adult aged eighteen to twenty.[64][62] Most minored married were girls.[62] In many cases, minors in the US may be married when they are under the age of sexual consent, sixteen to eighteen for most states.[65] In some states minors cannot legally divorce, leave their spouse, or enter a shelter to escape abuse.[66][67]

There are some consequences to child marriages. Along with the threat of sexual abuse, children may be subject to decreased education, early pregnancies, and psychological trauma [68] [69]. This has led some to question the legality of such unions.


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  37. ^ a b Theriot, Matthew T. (2009-05-01). "School resource officers and the criminalization of student behavior". Journal of Criminal Justice. 37 (3): 280–287. doi:10.1016/j.jcrimjus.2009.04.008. ISSN 0047-2352.
  38. ^ Lindsay, Constance A.; Lee, Victoria; Lloyd, Tracey (2018-06-21). "The prevalence of police officers in US schools". Urban Institute. Retrieved 2020-03-08.
  39. ^ a b c d "Zero-Tolerance Policies and the School to Prison Pipeline". Shared Justice. Retrieved 2020-03-08.
  40. ^ ""Are Zero Tolerance Policies Effective in the Schools? An Evidentiary Review and Recommendations"" (PDF). American Psychologist. April 2008.
  41. ^ Fowler, Deborah (April 2010). ""Texas' School-to-Prison Pipeline: School Expulsion, The Path from Lockout to Dropout"" (PDF). Texas Appleseed.
  42. ^ Rosenbaum, Janet (2018-01-17). "Educational and Criminal Justice Outcomes 12 Years After School Suspension". Youth & Society: 0044118X1775220. doi:10.1177/0044118x17752208. ISSN 0044-118X.
  43. ^ "A Generation Later: What We've Learned about Zero Tolerance in Schools" (PDF). Vera Institute of Justice. December 2013. {{cite journal}}: line feed character in |title= at position 31 (help)
  44. ^ Morris, Edward W.; Perry, Brea L. (2016-02-01). "The Punishment Gap: School Suspension and Racial Disparities in Achievement". Social Problems. 63 (1): 68–86. doi:10.1093/socpro/spv026. ISSN 0037-7791.
  45. ^ a b "Discipline Disparities for Black Students, Boys, and Students with Disabilities" (PDF). March 2018. {{cite web}}: |first= missing |last= (help); line feed character in |title= at position 23 (help)CS1 maint: url-status (link)
  46. ^ "The school to prison pipeline, explained — Justice Policy Institute". www.justicepolicy.org. Retrieved 2020-03-08.
  47. ^ a b Dishion; McCord (1999). "When interventions harm :Peer groups and problem behavior". American Psychologist. 54 (9): 755–764. doi:10.1037/0003-066x.54.9.755. PMID 10510665.
  48. ^ Avenue, Human Rights Watch | 350 Fifth; York, 34th Floor | New; t 1.212.290.4700, NY 10118-3299 USA |. "Juvenile Justice". Human Rights Watch. Retrieved 2020-03-08.{{cite web}}: CS1 maint: numeric names: authors list (link)
  49. ^ "Children in Adult Prison". Equal Justice Initiative. Retrieved 2020-03-08.
  50. ^ "Jail inmates younger than 18, 1993-2017". www.ojjdp.gov. Retrieved 2020-03-08.
  51. ^ World Bank. "Education and development". Archived from the original on 29 January 2017. Retrieved 18 January 2012.
  52. ^ Katsiyannis, Antonis; Ryan, Joseph B.; Zhang, Dalun; Spann, Anastasia (2008-03-04). "Juvenile Delinquency and Recidivism: The Impact of Academic Achievement". Reading & Writing Quarterly. 24 (2): 177–196. doi:10.1080/10573560701808460. ISSN 1057-3569.
  53. ^ Petrosino, A; Turpin-Petrosino, Carolyn; Hollis-Peel, Meghan; Lavenberg, Julia (2013). "Scared Straight and Other Juvenile Awareness Programs for Preventing Juvenile Deliquency: A Systematic Review". Campbell Systematic Reviews. 5: 1–55. doi:10.4073/csr.2013.5.
  54. ^ Lilienfeld, Scott O. (2007). "Psychological Treatments That Cause Harm". Perspectives on Psychological Science. 2 (1): 53–70. CiteSeerX 10.1.1.531.9405. doi:10.1111/j.1745-6916.2007.00029.x. PMID 26151919.
  55. ^ ""Improving School Climate: Evidence from Schools Implementing Restorative Practices"" (PDF). 2014. {{cite web}}: |first= missing |last= (help)CS1 maint: url-status (link)
  56. ^ a b Fronius, Trevor (Feb 2016). "Restorative Justice in U.S. Schools: A Research Review" (PDF). WestEd Justice & Prevention Research Center. {{cite journal}}: line feed character in |title= at position 23 (help)
  57. ^ "Child marriage". UNICEF. Retrieved 2017-02-21.
  58. ^ Forced Marriage Initiative, Tahari Justice Center (June 2019). "Analysis of State Laws on Minimum Marriage Age and Exceptions That Permit Individuals Under age 18 Marry" (PDF). Tahari Justice Center. Retrieved 10 October 2019.{{cite web}}: CS1 maint: url-status (link)
  59. ^ "Delaware becomes first US state to fully ban child marriage". CNN. 2018-05-12. Retrieved 2018-09-17.
  60. ^ "New Jersey governor signs law banning underage marriage". 22 June 2018.
  61. ^ "Governor Moliga signs into law bill to increase marriage age for girls". Radio New Zealand. 2018-09-12. Retrieved 2018-09-19.
  62. ^ a b c Tsui, Anjali; Nolan, Dan; Amico, Chris (July 6, 2017). "Child Marriage in America: By the Numbers". Frontline. Retrieved September 17, 2017.
  63. ^ Koski, Alyssa (April 2018). [doi:10.1363/psrh.12055 "Child Marriage in the United States: How Common Is the Practice, And Which Children Are at Greatest Risk?: Child marriage in the United States"]. Perspectives on Sexual & Reproductive Health. 50: 59–65 – via Research Gate. {{cite journal}}: Check |url= value (help)
  64. ^ Baynes, Chris (8 July 2017). "More than 200,000 children married in US over the last 15 years". The Independent. Retrieved 24 October 2017.
  65. ^ Jeltsen, Melissa (2017-08-30). "Grown Men Are Exploiting Loopholes In State Laws To Marry Children". Huffington Post. Retrieved 2018-09-19.
  66. ^ Amanda Parker (October 24, 2017). "Worse than Weinstein is the exploitation of Florida girls". Sun-Sentinel. Retrieved 2017-11-04.
  67. ^ Nicholas Kristof, "An American 13-Year-Old, Pregnant and Married to Her Rapist", New York Times, June 1, 2018
  68. ^ Dinwiddie, S.; Heath, A. C.; Dunne, M. P.; Bucholz, K. K.; Madden, P. a. F.; Slutske, W. S.; Bierut, L. J.; Statham, D. B.; Martin, N. G. (2000/01). "Early sexual abuse and lifetime psychopathology: a co-twin–control study". Psychological Medicine. 30 (1): 41–52. doi:10.1017/S0033291799001373. ISSN 1469-8978. {{cite journal}}: Check date values in: |date= (help)
  69. ^ Lee-Rife, Susan (December 2012). [doi:10.1111/j.1728-4465.2012.00327.x. PMID 23239248. "What Works to Prevent Child Marriage: A Review of the Evidence"]. Studies in Family Planning. 43. {{cite journal}}: Check |url= value (help)

Child Marriages: Background

[edit]

History

[edit]

In the first civilizations, it was a regular practice to give girls away in marriage as soon as they reached puberty, if not earlier[1]. This practice continued throughout the middle ages and most girls were married by age fifteen[1]. Ruth Lamden notes that it is important to realize that in those times, according to Jewish law, girls were considered adults by the time they were twelve and a half [2]. In antebellum America, marriages between older men and younger women were not viewed in the same way they are today. Although the practice was not extremely common, it was not counter cultural either [3]. Marriage was viewed as more of a contract and the minors to be wedded, typically girls, were thought of as going from the responsibility of one man, the father, to the other man, the husband [3].

Demographics

[edit]

According to a study compiled in 2018 by Alissa Koski and Jody Heymann, out of every 1000 children surveyed, about 6 were married. That equates to about 78,000 15-17 year olds. Koski/Heymann also found that about 25% of these marriages were ended by the time the child turned 18 [4]. Prevalence varied by location, race/ethnicity, gender and age.

Unchained At Last, an organization dedicated to ending forced and child marriage in the United States, found marriage licenses for more than 167,000 children between 2000 and 2010.[5] Based on the correlation between population and incidence of child marriage, they estimated that the actual number of child marriages in the US during that time was closer to 248,000.[5]


Location

[edit]

According to information complied by the Pew Research Center, child marriage is generally more common in some of the Southern United States.[6]

The highest incidences of child marriages are in West Virginia, Florida, Texas, Nevada, Oklahoma, Arkansas, California, Tennessee, and North Carolina.[6][7]

According to Frontline report by Anjali Tsui, Dan Nolan and Chris Amico, the states with the highest rates of child marriage in 2010 were: Idaho, Utah, Arizona, Texas, Mississippi, Alabama, Arkansas, Kentucky, West Virginia and Missouri. Meanwhile the states with the lowest rates were Delaware, New Jersey, Montana, Indiana, North Dakota, Ohio, New York, Vermont, New Hampshire and Massachusetts[8].

The Koski/Heymann study found prevalence of child marriage varied from more than 10 per 1,000 in West Virginia, Hawaii and North Dakota to less than four per 1,000 in Maine, Rhode Island and Wyoming.[9]

  • In Texas from 2000 to 2014, almost 40,000 children were married.[10][11]
  • In In Florida, 16,400 children, some as young as 13, were married from 2000-2017, which is the second highest incidence of child marriage after Texas.[12]
  • In Arkansas from 1999 to 2019 there was 8,200 girls and 1,300 boys married as minors.
  • In Alabama there was over 8,600 child marriages from 2000 to 2015, the fourth highest amount of any state. However, child marriage in Alabama showed a large decline in that time. In 2000, almost 1,200 children married, but by 2014 it dropped to 190.[11]In Virginia between 2004 and 2013, nearly 4,500 children were married according to the Tahirh Justice Center.[13]
  • In Ohio from 2000 to 2015 there were 4,443 girls married aged 17 and younger, including 43 age 15 and under. Among those were three 14-year-old girls. [14]
  • In New York, more than 3,800 children were married between 2000 and 2010.[15]



Race/Ethnicity

[edit]

Cases of child marriage exists in every racial/ethnic demographic but is more prevalent in some as compared to other. [4] Instances of marriage was was lower among white non-Hispanic children (5.0 per 1,000) than among almost every other racial or ethnic group studied; it was especially high among children of American Indian or Chinese descent (10.3 and 14.2, respectively). [4] Additionally, U.S.-born African American girls are about 1.5 times more likely to marry underage than U.S.-born Caucasian girls.[16]

It was more common for immigrating children to be married than those born in the United States. Between the budget years 2007 and 2017, U.S. Citizenship and Immigration Services received 3.5 million immigration petitions, resulting in 8,686 approvals for people in marriages or engagements where one or both members of the couple was still a minor at the time of the petition. [17]


Gender

[edit]

Young females are more likely to be married than young males.[18] According to statistics released by the Pew Research Center (based upon the American Community Survey) 55% of the surveyed married children at ages of 15–17 were female;[19] According to a Frontline article, 87% of the total minors who got married in 2000-2015 were girls.[20] The Koski/Heymann study found child marriage was higher among girls than among boys (6.8 vs. 5.7 per 1,000). That's about a 19% difference in likelihood. [21]

Causes

[edit]

There is no singular justification for child marriage. Some marry in accordance with religious or cultural traditions. Others do so avoid legal ramifications of sexual activities with minors [4]. Traditionally, one of the most common reasons for child marriage was avoiding negative stigmas associated with premarital sex and teen pregnancy. By arranging or forcing the marriage of girls who have been involved in sex before marriage, the family is able to save face and maintain respect within the community[22] .


  1. ^ a b Laiou, Angeliki (1993). Coersion to sex and marriage in ancient and medieval societies. Washington, DC. pp. 85–190.{{cite book}}: CS1 maint: location missing publisher (link)
  2. ^ Lamdan, Ruth (2000). A Separate People: Jewish Women in Palestine, Syria, and Egypt in the sixteenth Century. Brill. p. 47. ISBN 978-9004117471.
  3. ^ a b Berman, Cassandra N. (2018-09-26). "American Child Bride: A History of Minors and Marriage in the United States by Nicholas L. Syrett (review)". Journal of the Early Republic. 38 (3): 578–580. doi:10.1353/jer.2018.0065. ISSN 1553-0620.
  4. ^ a b c d Cite error: The named reference :1 was invoked but never defined (see the help page).
  5. ^ a b "Perspective | Why can 12-year-olds still get married in the United States?". Washington Post. Retrieved 2017-02-21.
  6. ^ a b "Child marriage is rare in the U.S., though this varies by state". Pew Research Center. 2016-11-01. Retrieved 2017-02-21.
  7. ^ Cite error: The named reference Worse-than-Weinstein was invoked but never defined (see the help page).
  8. ^ Cite error: The named reference Frontline was invoked but never defined (see the help page).
  9. ^ Koski, Alissa; Heymann, Jody (June 2018). "Child Marriage in the United States: How Common Is the Practice, And Which Children Are at Greatest Risk?". Perspectives on Sexual and Reproductive Health. 50 (2): 59–65. doi:10.1363/psrh.12055. PMID 29664190.
  10. ^ "Texas Just Made It Illegal For Anyone Under 18 To Get Married". 2017-06-19. Retrieved 2018-09-17.
  11. ^ a b "Child marriage is still legal in Alabama, but on the decline". al.com. 9 August 2017. Retrieved 20 September 2018.
  12. ^ Amanda Parker (October 24, 2017). "Worse than Weinstein is the exploitation of Florida girls". Sun-Sentinel. Retrieved 2017-11-04.
  13. ^ "Child Marriage in America: Current Laws Are Failing to Protect Vulnerable Children and Teens «  Tahirih Justice Center". www.tahirih.org. Retrieved 2017-02-21.
  14. ^ Bischoff, Laura (Jan 7, 2019). "Ohio to raise marriage age after Dayton Daily News investigation". Dayton Daily News. Retrieved Jan 12, 2019.
  15. ^ "Governor Cuomo Signs Legislation Ending Child Marriage in New York". Governor of New York. 2017-06-20. Retrieved 2017-11-04. {{cite news}}: Italic or bold markup not allowed in: |publisher= (help)
  16. ^ Syrett, Nicholas. "Child marriage is still legal in the US". The Conversation. Retrieved 2018-09-19.
  17. ^ "US approved thousands of child bride requests over past decade". USA TODAY. Retrieved 2019-01-15.
  18. ^ "Child marriage". UNICEF. Retrieved 2017-02-21.
  19. ^ "Child marriage is rare in the U.S., though this varies by state". Pew Research Center. 2016-11-01. Retrieved 2017-02-21.
  20. ^ Tsui, Anjali; Nolan, Dan; Amico, Chris (July 6, 2017). "Child Marriage in America: By the Numbers". Frontline. Retrieved September 17, 2017.
  21. ^ Koski, Alissa; Heymann, Jody (June 2018). "Child Marriage in the United States: How Common Is the Practice, And Which Children Are at Greatest Risk?". Perspectives on Sexual and Reproductive Health. 50 (2): 59–65. doi:10.1363/psrh.12055. PMID 29664190.
  22. ^ Malhotra, Anju (July 15, 2010). "The Causes, Consequences and Solutions to Forced Child Marriage in the Developing World" (PDF). International Center for Research on Women. Retrieved 23 Oct 2019.{{cite web}}: CS1 maint: url-status (link)

Child Marriages: Marriage Age

[edit]


Unchained At Last found that only 14% of the child marriages conducted from 2000 to 2010 were between two children marrying each other[1]. In most cases, child marriages are between a minor and an adult aged 18-21, however at least 31% were to an adult 21 or older.[2]

According to data complied by Frontline, who looked at almost 200,000 cases of child marriage from 2000-2015:

  • 67% of the children were aged 17.
  • 29% of the children were aged 16.
  • 4% of the children were aged 15.
  • <1% of the children were aged 14 and under.
  • There were 51 cases of 13-year-olds getting married, and 6 cases of 12-year-olds getting married.[3]

In terms of spousal age, the majority, about 60%, reported being 18-20 years old. Less than 3% reported being over 29 years of age [4]. In over 400 cases, the adult was aged over 40. And in 31 cases, they were over 60.

Extreme examples include a case in 2010 in Idaho, where a 65-year-old man married a 17-year-old girl. In Alabama, a 74-year-old man married a 14-year-old girl, though the state has since raised their minimum age to 16[3]. According to Unchained At Last, the youngest girls to marry in 2000-2010 were three Tennessee 10-year-old girls who married men aged 24, 25 and 31 respectively in 2001. The youngest boy was an 11-year-old who married a 27-year-old woman in the same state in 2006.[1]

The age at which one can marry, marriageable age, is largely determined by each state or territory individually.

US States

[edit]

Every state except Delaware and New Jersey allows underage marriage in exceptional circumstances if one or more of the following circumstances apply:

  • consent of a court clerk or judge (sometimes the consent of a superior court judge, rather than a local judge, is required)
  • consent of the parents or legal guardians of the minor
  • if one of the parties is pregnant
  • if the minor has given birth to a child
  • if the minor is emancipated.

As of May 2019, in the 34 states that have set a marriage age set by statute, the minimum marriage age when all exceptions are taken into account, is:

  • 14 in two states: Alaska and North Carolina.
  • 15 in four states.
  • 16 in twenty states.
  • 17 in eight states.

The remaining 14 states, Delaware and New Jersey do not allow under age child marriages, have no set threshold for minimum marriage age.

From 2017[5][6] to 2019[7][8][9][10][11][12][13][14] several states changed their law to set a minimum age, or to raise their minimum age.

In Massachusetts the general marriage age is 18, but children may be married with judicial consent with no minimum age limit.[15] In the absence of any statutory minimum age, one opinion is that the minimum common law marriageable age of 12 for girls and 14 for boys may still apply.[16][17]

US Territories

[edit]

In the District of Columbia the general age is 18, but 16-year-olds may marry with exceptions.[18] The general age of marriage in Puerto Rico is 21, however males aged 18 and females aged 16 can marry with exceptions.[18] In Guam, the general age is 18, but 16-year-olds can get married with the consent of at least one parent or guardian.[19] In American Samoa, the marriage age has been 18 for both sexes. This reflects a change in policy by Governor Lolo Moliga who signed into law a bill that changed the marriage age for girls from 14 to 18 in September of 2018[20]. In the U.S. Virgin Islands the age of marriage is 14 for females and 16 for males.[21] In the Northern Mariana Islands males must be 18 to marry, while females can marry at 16 with parental consent.[22]

Comparison with other countries

[edit]

Critics have pointed out that laws regarding child marriage in the United States compare unfavorably to laws regarding child marriage in other countries. For instance, in 2017, Human Rights Watch pointed out that Afghanistan has a tougher law on child marriage than parts of the United States: in Afghanistan the minimum marriage is 15, and that only with permission from their father or a judge; otherwise it is 16.[23] As of that date, in 25 US states there was no minimum marriage age at all if one or more of the grounds for exception existed; this number has now decreased to 18.[24]


  1. ^ a b Baynes, Chris (8 July 2017). "More than 200,000 children married in US over the last 15 years". The Independent. Retrieved 24 October 2017.
  2. ^ "Perspective | Why can 12-year-olds still get married in the United States?". Washington Post. Retrieved 2017-02-21.
  3. ^ a b Tsui, Anjali; Nolan, Dan; Amico, Chris (July 6, 2017). "Child Marriage in America: By the Numbers". Frontline. Retrieved September 17, 2017.
  4. ^ Cite error: The named reference Frontline was invoked but never defined (see the help page).
  5. ^ "Connecticut General Assembly". Connecticut General Assembly.
  6. ^ "Texas Legislature Online - 85(R) History for SB 1705". www.legis.state.tx.us.
  7. ^ "New Florida Laws: Marriage Age, Opioids, Criminal Records". USNews. 2018-06-30. Retrieved 2018-09-17.
  8. ^ "18RS - Legislative Record Online". www.lrc.ky.gov. Retrieved November 23, 2018.
  9. ^ "Arizona HB2006 - 2018 - Fifty-third Legislature 2nd Regular".
  10. ^ Legislature, Delaware. "Bill Detail - Delaware General Assembly". legis.delaware.gov.
  11. ^ "Tennessee HB2134 - 2017-2018 - 110th General Assembly".
  12. ^ Malo, Sebastien. "New Jersey law gives momentum to U.S. efforts to ban child marriage".
  13. ^ "Missouri SB655 - 2018 - Regular Session".
  14. ^ https://www.springfieldnewssun.com/news/ohio-raise-marriage-age-after-dayton-daily-news-investigation/8WZqMZmdjJq5dNCSEWEPZM/
  15. ^ "Child Marriage in Massachusetts". Unchained at Last. Retrieved 2018-03-10.
  16. ^ Richards, Victoria (2016-03-09). "Child marriage chart reveals girls can wed at 12 in some parts of the US – as lawmakers battle to raise age to 16". The Independent. Retrieved 2017-06-03.
  17. ^ Hayden, Meg (2007-01-08). "Child Brides". Massachusetts Trial Court Law Libraries. Retrieved 2017-06-03.
  18. ^ a b "Marriage Laws of the Fifty States, District of Columbia and Puerto Rico". Legal Information Institute. 2018-09-17. Retrieved 2017-06-03.
  19. ^ "19 GCA Personal Relations: Ch 3 Contract of Marriage § 3102. Minors" (PDF). www.guamcourts.org. Retrieved November 23, 2018.
  20. ^ "Governor Moliga signs into law bill to increase marriage age for girls". Radio New Zealand. 2018-09-12. Retrieved 2018-09-19.
  21. ^ "Virgin Islands Code 16 V.I.C. ch. 1 § 2". Virgin Islands Code. LexisNexis. Retrieved September 17, 2018.
  22. ^ "Marriage application" (PDF). www.saipanmayor.net. 2015. Archived from the original (PDF) on September 19, 2018. Retrieved November 11, 2018.
  23. ^ "Afghanistan Has a Tougher Law on Child Marriage than Florida". 20 October 2017. Retrieved 3 March 2018.
  24. ^ "United States - Child Marriage Around The World". Girls Not Brides. Retrieved March 3, 2018.
[edit]


[edit]
Main articles: Ages of consent in the United States and Marry-your-rapist law § United States

In the United States, the age of sexual consent varies by state, territory/district or federal law and generally ranges from 16 to 18 years.

State legislated age of consent laws and marriage age are inconsistent. In some states, it is possible for a minor to legally marry even if they are below the age of consent in that state. Between 2000 and 2015, at least 200,000 minors were legally married in the United States. 86% of those marriages were to an adult. About 5% of the minors were aged 15 and thus were also under the age of consent for anywhere in the United States.[1]

In some cases, judges who approve an underage marriage, for example because the minor is pregnant, may be approving a marriage between a rapist and their statutory victim.[2]

Emancipation by marriage

[edit]
See also: Emancipation of minors § United States

In some states, marriage automatically emancipates a minor, or increases his or her legal rights beyond allowing the minor to consent to certain medical treatments.[3][4] Emancipated minors are theoretically considered adults, so that they can file for a restraining order, get a divorce, and benefit from social services.[5] However, in practice such minors may still encounter difficulties, as many institutions do not deal with minors, or require parental consent.

In some states, a minor is not emancipated by marriage, and legal proceedings are required to obtain an emancipation decree. The absence of emancipation may result in legal complications, if, for example, the minor wants to separate from their partner or wants a divorce, besides other situations.[6] They may have to wait years before emancipation on reaching the age of majority. Unemancipated married minors may find themselves locked into a marriage, unable to leave or divorce an abusive spouse.[6][3] About 80% of underage marriages end in divorce, but many minors locked in a marriage must wait years until they are old enough to legally end the marriage.[6] Massachusetts is one such state where minors are not automatically emancipated by marriage.[3]

  1. ^ Tsui, Anjali; Nolan, Dan; Amico, Chris (July 6, 2017). "Child Marriage in America: By the Numbers". Frontline. Retrieved September 17, 2017.
  2. ^ "Grown Men Are Exploiting Loopholes In State Laws To Marry Children". huffingtonpost.com. The Huffington Post. August 31, 2017. Retrieved November 23, 2018.
  3. ^ a b c "Emancipation and the Legal Rights of Minors in Massachusetts - MassLegalHelp". www.masslegalhelp.org. Retrieved 3 March 2018.
  4. ^ "Automatic Emancipation of Minors". FindLaw. Retrieved 3 March 2018.
  5. ^ Family Code § 7002, also known as the Emancipation of Minors Law, enacted by Stats. 1992, Ch. 162, § 10.
  6. ^ a b c Amanda Parker (October 24, 2017). "Worse than Weinstein is the exploitation of Florida girls". Sun-Sentinel. Retrieved 2017-11-04.

Child Marriage: Consequences

[edit]

There are many repercussions that affect minors who have been married. Common ones include a greater risk for sexual misconduct/abuse, psychological trauma, risk of death or injury in child birth, and a likelihood to drop out of school[1] [2].

Forced marriage and sex trafficking

[edit]
Main article: Sex trafficking in the United States § Forced marriages

In some cases, child marriage may happen (either legally or informally) and constitute a forced marriage, often in the context of sex trafficking. This enables sexual abuse to continue. According to American Child Bride by Nicholas Syrett, "There is a long history in the United States of marriage laws’ being used to circumvent legal repercussions of sexual activity with a minor"[3].

Psychological Health

[edit]

There are many effects that child marriages generally and child abuse specifically have on an individual. The most common is the propensity for encountering abuse later on in life. According to data collected in 2015 by Jon D. Elhai, women who experienced traumatic events as children often experience mental health issues such as depression, anxiety, and mood disorders [4]. A correlation between childhood sexual abuse and substance abuse has also been found [5].

Physical Health

[edit]

Adverse physical effects often accompany child marriages. The most prevalent is pregnancy and child bearing complications [2]. The body is not fully matured under the age of 18 so minors who become pregnant often face complications that are not as common in their older counterparts. UNICEF reported in 2007 that globally, a girl aged 15 is five times more likely to die in childbirth than women in their 20s [6]. Young mothers also have an increased risk of developing obstetric fistula [2].

Education

[edit]

The loss of educational opportunity and influence is of particular importance to those opposed to child marriages. According to academics such as Martha Nussbaum, education is a crucial component to protecting someone's freedom or capabilities [7]. Those who get married as minor are more likely to drop out of or fail to finish their education. This in turn limits their autonomy and job eligibility making them dependent on their spouse or caretaker [2][8]

  1. ^ Burris, Camellia (November 1, 2014). "Why Domestic Institutions Are Failing Child Brides: A Comparative Analysis of India's and the United States' Legal Approaches to the Institution of Child Marriage". Tulane Journal of International & Comparative Law. 23 – via EBSCO. {{cite journal}}: line feed character in |title= at position 44 (help)
  2. ^ a b c d Cite error: The named reference :6 was invoked but never defined (see the help page).
  3. ^ Syrett, Nicholas (2016). American Child Bride: A History of Minors and Marriage in the United States. Chapel Hill: University of North Carolina Press. pp. 142–164. {{cite book}}: line feed character in |title= at position 55 (help)
  4. ^ Barrios, Yasmin V.; Gelaye, Bizu; Zhong, Qiuyue; Nicolaidis, Christina; Rondon, Marta B.; Garcia, Pedro J.; Sanchez, Pedro A. Mascaro; Sanchez, Sixto E.; Williams, Michelle A. (2015-01-30). "Association of Childhood Physical and Sexual Abuse with Intimate Partner Violence, Poor General Health and Depressive Symptoms among Pregnant Women". PLoS ONE. 10 (1). doi:10.1371/journal.pone.0116609. ISSN 1932-6203. PMC 4312043. PMID 25635902.{{cite journal}}: CS1 maint: unflagged free DOI (link)
  5. ^ Bulik, Cynthia M.; Prescott, Carol A.; Kendler, Kenneth S. (2001/11). "Features of childhood sexual abuse and the development of psychiatric and substance use disorders". The British Journal of Psychiatry. 179 (5): 444–449. doi:10.1192/bjp.179.5.444. ISSN 0007-1250. {{cite journal}}: Check date values in: |date= (help)
  6. ^ UNICEF, UNICEF (2007). "THE STATE OF THE WORLD'S CHILDREN 2007" (PDF).{{cite web}}: CS1 maint: url-status (link)
  7. ^ Nussbaum, Martha (2013). Creating Capabilities: The Human Development Approach. Belknap Press: An Imprint of Harvard University Press.
  8. ^ Romans, S. E.; Martin, J. L.; Anderson, J. C.; O'Shea, M. L.; Mullen, P. E. (1995/01). "Factors that mediate between child sexual abuse and adult psychological outcome". Psychological Medicine. 25 (1): 127–142. doi:10.1017/S0033291700028154. ISSN 1469-8978. {{cite journal}}: Check date values in: |date= (help)

Child Marriages: Prevention

[edit]

Federal law

[edit]

There is not much federal legislature concerning child marriage specifically. In 2013, the Violence Against Women Reauthorization Act mandated that the US Secretary of State must "establish and implement a multi-year, multi-sectoral strategy to end child marriage".[1]

U.S. Territories and States

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American Samoa

In September 2018, American Samoa raised the marriage age for girls from 14 to 18, to be in line with that of boys.[2]

Alabama

In 2003, Alabama raised the minimum marriage age (ie: with exceptions) from 14 to 16.[3]

Arizona

In April 2018, Arizona raised the minimum marriage age to 16. Such underage marriages must be approved by a superior court, must have either parental consent or an emancipated minor, and the age difference between the party must not be more than 3 years.[4]

Arkansas

In April 2019, Arkansas raised the minimum marriage age for girls from 16 to 17 with parental consent, to be in line with that of boys. Previously, there was no minimum age for a pregnant girl to marry.[5]

California

In 2017, in California, a bill to that would have ended child marriage (by raising the minimum age to 18) ran into opposition from legislators, the American Civil Liberties Union and Planned Parenthood.[6]

Since January 1, 2019 California legally requires the parents and partners of minors wishing to marry to meet with court official separately to determine if there is any coercion. Additionally, minors will now have to wait 30 days to get married, unless they are 17 and have completed high school, or one of the partners is pregnant. However, there is still no minimum age for children to marry, if these conditions are met.[7]

Connecticut

On October 1, 2017, Connecticut raised the minimum marriage age to 16, as well as requiring both parental and judicial consent before minors could marry. Previously, there was no minimum marriage age so long as a judge consented.[8]

Delaware

In May 2018, Delaware became the first state to completely ban child marriage. The marriage age in Delaware is now 18, with no exceptions.[9]

Florida

In early 2018, Florida passed and signed a law to amend its marriage laws,[10][11] after having received intense media attention for its lax child marriage law and the high toleration of the practice.[12] Since July 1, 2018, the minimum marriage age is 17, with both parental and judicial approval required, and the age difference between the party must not be more than 2 years.[11] The new law was passed after sustained lobbying from a former victim of child marriage, Sherry Johnson.[13]

Georgia

In May 2019, Georgia raised the marriage age explicitly from 16 to 17. They must be emancipated minors, must have completed a premarital education course, and cannot marry anyone more than four years older than themselves. The new law went into effect on July 1, 2019.[14][15]

Idaho

In February 2019, a bi-partisan anti-child marriage bill was voted down 39-28 by the Idaho House of Representatives. The bill would have made it illegal for anyone under 16 to get married, and for 16-17 year olds it would have required the consent of parents, a judge, and the minor themselves. Idaho now has the highest rate of child marriage in the United States.[16]

Reps Bryan Zollinger and Julianne Young voted against, citing their opinion that judges should not be involved in marriages, and that parental consent was sufficient. Rep. Christy Zito complained that the bill would make it harder for people to start families if they conceive a child underage, compared to abortion which is legal for minors in Idaho with permission from one parent or a judge.[16]

Kentucky

In March 2018, Kentucky amended its marriage laws. After several failed attempts at restricting child marriage,[17] a redrafted bill was introduced, passed all stages of the Kentucky Legislature, and was signed by the Governor of Kentucky on March 29, 2018. The new law sets a minimum age of 17, with judicial approval. Additionally, a 17 year old cannot marry a person more than 4 years older than themselves.[18]

Massachusetts

In July 2019, the Massachusetts Senate approved a legislation imposing a ban on child marriage. According to the bill, the minimum marriage age has been raised to 18.[19]

Missouri

In July 2018 Missouri raised the minimum age for marriage from 15 to 16.[20]

New Jersey

Since June 2018, the New Jersey child marriage ban bill was signed into law by the Governor of New Jersey Phil Murphy and went into effect immediately to implement a clear minimum age of 18 with no exceptions.[21] This makes New Jersey the second state to completely ban child marriage, after Delaware.

In May 2017, a similar bill was vetoed by Governor Chris Christie due to "religious concerns".[22]

New Hampshire

New Hampshire passed a law which was signed by Governor Chris Sununu in 2018 that legally raising the minimum marriage age to 16 with judicial approval. It came into effect January 1, 2019. [23]

New York

In 2017, New York state raised its marriage age to 18, allowing marriage at 17 in special circumstances with parental and court consent.[24] Prior to this law, the state allowed marriage in certain cases from the age of 14.[24]

Ohio

In 2019, Ohio raised the minimum marriage age to 18 for both parties, but allows an exemption for 17-year-olds to marry if they have juvenile court consent, go through a 14-day waiting period and the age differential between the two is not more than four years.[25]

Tennessee

In Tennessee, until 2018, there was no minimum marriage age with judicial consent. In March 2018, a proposed bill to end child marriage in Tennessee was terminated.[26] The bill was revived due to political pressure, passed, and signed into law in May 2018 by Governor Haslam, preventing anyone younger than 17 from marrying in Tennessee.[27]

Texas

In 2017 Texas raised their marriage age to 18, though they kept an exception allowing emancipated minors aged 16–17 to marry.[28]

Utah

On March 25, 2019, the Governor of Utah, Republican Gary Herbert signed a law which raised the minimum marriage age from 15 to 16, with parental permission. The law also makes it illegal for a 16 or 17-year-old to marry someone who is more than 7 years older than them.[29] The law passed the Utah House of Representatives 55 to 6, with 14 abstentions. It was described as a bipartisan effort, with a majority of Republicans, and all Democrats voting in favour[30].

Virginia

In 2016, Virginia changed its law to set 18 as a minimum age, and 16 in special circumstances with judicial approval; prior to that date, there was no minimum age in the state.[31]

Non-governmental action

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  • Released in 2016, the US Global Strategy to Empower Adolescent Girls[32] lists reducing child, early and forced marriage as a vital goal.[33]
  • Unchained at Last is working to end child marriage in the USA.
  1. ^ "United States - Child Marriage Around The World". Girls Not Brides. Retrieved 2017-02-21.
  2. ^ "Governor Moliga signs into law bill to increase marriage age for girls". Radio New Zealand. 2018-09-12. Retrieved 2018-09-19.
  3. ^ "Child marriage is still legal in Alabama, but on the decline". al.com. 9 August 2017. Retrieved 20 September 2018.
  4. ^ "Arizona Sets Minimum Age for Marriage of Minors". Chronicle of Social Change. August 13, 2018. Retrieved November 23, 2018.
  5. ^ "Arkansas governor signs bill raising marriage age". Associated Press. April 19, 2019 – via Texackana Gazette.
  6. ^ Jill Tucker (July 6, 2017). "Effort to bar child marriage in California runs into opposition". San Francisco Chronicle. Retrieved 13 Nov 2018.
  7. ^ "Underage marriages get new restrictions in California". The Mercury News. September 22, 2018. Retrieved 13 Nov 2018.
  8. ^ Soglin, Talia (October 4, 2017). "Minimum marriage age takes effect". yaledailynews.com. Yale Daily News.
  9. ^ "Delaware becomes first US state to fully ban child marriage". CNN. 2018-05-12. Retrieved 2018-09-17.
  10. ^ "Senate Bill 140 (2018) - The Florida Senate". www.flsenate.gov.
  11. ^ a b "New Florida Laws: Marriage Age, Opioids, Criminal Records". USNews. 2018-06-30. Retrieved 2018-09-17.
  12. ^ "11 Years Old, a Mom, and Pushed to Marry Her Rapist in Florida". New York Times. 26 May 2017.
  13. ^ "Florida to finally ban child marriage". 10 March 2018.
  14. ^ [1]
  15. ^ [2]
  16. ^ a b "This bill would have ended child marriage for those under age in Idaho. The House voted it down". The Idaho Statesman. February 28, 2019.
  17. ^ Yetter, Deborah (3 March 2018). "Kentucky's 'child bride' bill stalls as groups fight to let 13-year-olds wed". USA Today. Retrieved 3 March 2018.
  18. ^ "Kentucky Governor Signs Landmark Child Marriage Reform Bill Into Law". March 29, 2018.
  19. ^ "Massachusetts Senate approves child marriage ban". Associated Press. Retrieved 25 July 2019.
  20. ^ "MO SB655 2018 Regular Session". legiscan.com. Retrieved November 23, 2018.
  21. ^ "New Jersey governor signs law banning underage marriage". 22 June 2018.
  22. ^ "U.S. governor rejects measure to ban child marriage". Reuters. 2017-05-11. Retrieved 2018-03-10.
  23. ^ Kira (June 19, 2018). "The legal age of marriage in New Hampshire has been officially raised". wokq.com. Retrieved November 23, 2018.
  24. ^ a b "Cuomo Signs Bill Doing Away With Child Marriage In New York State". 20 June 2017. Retrieved 3 March 2018.
  25. ^ Bischoff, Laura (Jan 7, 2019). "Ohio to raise marriage age after Dayton Daily News investigation". Dayton Daily News. Retrieved Jan 12, 2019.
  26. ^ Gstalter, Morgan (2018-03-08). "Tennessee GOP kill bill to ban child marriage". TheHill. Retrieved 2018-03-10.
  27. ^ "Gov. Bill Haslam signs law banning Tennessee marriage of minors under 17". The Tennessean. Retrieved 2018-05-31.
  28. ^ "Texas Just Made It Illegal For Anyone Under 18 To Get Married". 2017-06-19. Retrieved 2018-09-17.
  29. ^ "HB0234". Utah State Legislature. Retrieved April 3, 2019.
  30. ^ Katie McKellar (March 1, 2019). "Bill raising minimum age for marriage in Utah from 15 to 16 clears the House". ksl.com. Retrieved April 3, 2019.
  31. ^ "Child Marriage in America: Current Laws Are Failing to Protect Vulnerable Children and Teens «  Tahirih Justice Center". www.tahirih.org. Retrieved 2017-02-21.
  32. ^ "United States Global Strategy to Empower Adolescent Girls" (PDF).
  33. ^ "Perspective | Why can 12-year-olds still get married in the United States?". Washington Post. Retrieved 2017-02-21.
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