Child Marriage in the U.S.

There are many laws in our country that are rooted in manipulation and exploitation, but not many that have survived completely untouched to this day. Jake highlights the prevalence of child marriage and how to stop it. Jake calls for repealing the laws that allow adults to marry the underage.

By Jake Sonderman

18 U.S.C. Section 2243(a) states: “Whoever… knowingly engages in a sexual act with another person who—

1. has attained the age of 12 years but has not attained the age of 16 years; and
2. is at least four years younger than the person so engaging;

or attempts to do so, shall be fined under this title, imprisoned not more than 15 years, or both.”

This is also known as statutory rape, meaning that any sexual acts with a minor are illegal, consensual or not. But, there are exceptions. The first is if the defendant can establish, with a preponderance of evidence, that they did not know the other person’s age. The other is:

“(2) In a prosecution under this section, it is a defense, which the defendant must establish by a preponderance of the evidence, that the persons engaging in the sexual act were at that time married to each other” (18 U.S.C. Section 2243(c)). This is called child marriage, and it is horrifying. 

You might be thinking, does child marriage actually happen in the U.S.? Danna Pollard, founder of the Survivor’s Corner, asserts that underage marriage not only exists in the U.S. but is much more prevalent than people think. Pollard herself was married at 16, to a man twice her age. She was groomed for two years, and her mother signed the papers allowing her to enter into the marriage. She was consistently abused in the marriage but had no legal recourse as a married minor in Kentucky. Not even the neighbors constantly calling police on the husband was enough. Eventually, as an adult, Pollard filed for divorce (cbsnews.com). Pollard also attests that child marriage is perpetuated through families, as most child marriages require parental consent, and that it is likely a rural phenomenon linked to poverty. 

Between 2000 and 2015, at least 207,459 minors were married in the United States. 87% percent of the minors married were girls. Of these minors, six were 12 years old, 51 were 13, and 985 were 14 years of age. 86% of these minors married adults. 15% of the adults who married these minors were above the age of twenty four. 460 of these adults were over forty. The largest age difference in these marriages was a 74-year-old man marrying a 14-year-old girl in Alabama (PBS). Nicholas Syrett, author of American Child Bride: A History of Minors and Marriage in the United States, argues that indeed child marriage is a “rural phenomenon and it is a phenomenon of poverty” (PBS). 

There is currently a perfectly legal way to commit sexual assault. Minors can be married off by parents with no say in the matter. This law reeks of a time of racism, sexism, and bigotry. There is no argument for child marriage. There is no argument for keeping this law. It is time for action. Repeal 18 U.S.C. Section 2243(c), and outlaw child marriage. 

*Pollard’s non-profit and plan of action can be found at  https://survivorscorner.org/stop-child-marriage 

Decriminalize/Criminalize Editor: Evan Spry

Sources:

https://www.law.cornell.edu/uscode/text/18/2243

http://apps.frontline.org/child-marriage-by-the-numbers/

https://www.cbsnews.com/news/child-marriage-united-states-donna-pollard/#:~:text=Biden%20Administration-,Child%20marriage%20is%20%22extremely%20prevalent%22%20in%20U.S.%3A%20%22,The%20cycle%20perpetuates%20across%20generations%22&text=In%20the%20United%20States%2C%20more,to%20data%20analyzed%20by%20Frontline.