Child marriage is an alarming issue that affects millions of children globally. Defined as a legal or customary union involving at least one partner under the age of 18, child marriage is often presented as a cultural or economic solution in some communities. However, at its core, child marriage is a severe violation of human rights and a form of sexual exploitation that leaves children vulnerable to abuse, molestation, and trauma. This exploitation stems from the inability of minors to provide informed consent and the societal and legal structures that fail to protect them adequately. For these reasons, child marriage laws must change to better protect children from sexual exploitation and abuse.
The Reality of Child Marriage
While many associate child marriage with developing countries, the issue is prevalent in many parts of the world, including the United States. According to Unchained at Last, an organization dedicated to ending child marriage in the U.S., nearly 300,000 children were married between 2000 and 2018 in America alone. Shocking as it may seem, many states still have legal loopholes that allow minors to marry, often under the guise of parental consent or judicial approval.
In some instances, child marriages occur because of financial pressure, cultural traditions, or to "legitimize" pregnancies. Yet, these factors do not excuse the reality of what these unions represent: a child, too young to comprehend the full weight of marriage, is often coerced or manipulated into a relationship where they are at high risk for sexual abuse and exploitation. When a child is forced into marriage, they often become vulnerable to sexual abuse by their much older spouse—a dynamic that bears the hallmarks of child molestation.
The Lack of Consent in Child Marriage
One of the most glaring issues with child marriage is the inability of minors to provide informed consent. Children, particularly those under 18, are often not emotionally or intellectually equipped to make the significant decision to marry. In most legal systems, minors are considered too immature to vote, sign contracts, or make other life-altering decisions. Why, then, are children allowed to enter into marriage, a union with lifelong implications, including sexual activity?
In many cases, child marriages can be a cover for statutory rape or molestation to minors, as marriage provides legal protection for abusers. In some jurisdictions, an adult who engages in sexual activity with a minor could face criminal charges unless they marry the victim. Once married, these abusers are protected under the law, and what would have been considered statutory rape is suddenly rendered legally permissible. This loophole not only protects abusers but also perpetuates a system where children are exploited under the pretext of marriage.
The Harmful Impact of Child Marriage
The consequences of child marriage are devastating. Young brides, and occasionally grooms, are often pulled out of school and forced to abandon their education. Without an education, they are left without the skills and opportunities needed to escape the cycle of poverty. Worse yet, many children in these marriages suffer physical and emotional abuse, as power imbalances between the spouses frequently lead to domestic violence. The younger the child, the more vulnerable they are to being physically overpowered and mentally manipulated by their older spouse.
Sexual abuse within child marriages is a significant issue. Child brides are often subjected to repeated, unwanted sexual contact, leading to severe physical and psychological consequences. Girls married young are more likely to experience complications during pregnancy and childbirth, often because their bodies are not yet fully developed to handle these events. Furthermore, they are at greater risk of contracting sexually transmitted infections, including HIV.
Beyond the physical effects, the psychological toll of child marriage can be immense. Many survivors of child marriage report long-term mental health issues, including depression, anxiety, and post-traumatic stress disorder (PTSD). The experience of being forced into a life they did not choose, coupled with ongoing sexual and emotional abuse, leaves deep emotional scars that can last a lifetime.
Global and National Efforts to End Child Marriage
Globally, organizations such as UNICEF and Girls Not Brides have been working tirelessly to combat child marriage. Many countries have taken steps to raise the minimum age of marriage to 18 without exceptions, recognizing that marriage before this age constitutes a form of sexual exploitation and abuse. However, the battle is far from won.
In the United States, for instance, child marriage is still legal in most states. Only a handful of states have banned the practice entirely, setting the minimum marriage age at 18 with no exceptions. In many states, minors can marry with parental consent or judicial approval, even if they are significantly younger than 18. These exceptions create opportunities for exploitation, as children may be coerced or pressured into marriage by parents, guardians, or even judges who believe it is in their "best interest."
Judicial discretion, in particular, has been a contentious issue. Judges may approve marriages for minors, even in cases where child protective services might otherwise intervene to prevent sexual abuse. Without consistent legislation setting a strict minimum age for marriage, minors remain vulnerable to being forced into relationships that result in lifelong harm.
The Urgent Need for Legal Reform
It is clear that child marriage constitutes a form of sexual exploitation, and current laws are not doing enough to protect minors from this abuse. Legal reform is urgently needed to close the loopholes that allow child marriage to persist. Governments should establish a firm minimum age of 18 for marriage with no exceptions, ensuring that all individuals are legally recognized as adults before entering such a life-altering union.
Additionally, parental consent should no longer be a valid justification for child marriage. Often, parents who consent to their children’s marriages do so under duress or cultural pressure, and their decisions may not reflect the best interests of the child. Similarly, judicial approval should be eliminated as an option, as it allows for subjective interpretations of what is "best" for a child, often leading to marriages that result in abuse.
Conclusion
Child marriage is a global issue that poses severe risks of sexual exploitation, molestation, and abuse. It strips children of their rights, exposes them to harm, and prevents them from leading fulfilling lives. By changing child marriage laws, we can protect minors from these dangers, ensuring that every child has the opportunity to grow up free from exploitation. Ending child marriage is not just a legal matter; it is a moral imperative.
