Domestic Violence Act 2018
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Offence of forced marriage | ||
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38. (1) A person commits an offence where he or she engages in relevant conduct for the purpose of causing another person to enter into a ceremony of marriage. | ||
(2) A person commits an offence where he or she— | ||
(a) removes another person from the State, and | ||
(b) intends the other person to be subject to relevant conduct outside the State for the purpose of causing that other person to enter into a ceremony of marriage. | ||
(3) A person commits an offence where, in a place other than the State, the person engages in relevant conduct for the purpose of causing another person to enter into a ceremony of marriage and the first-mentioned person is, at the time he or she engages in that conduct— | ||
(a) an Irish citizen or ordinarily resident in the State and that conduct for that purpose would constitute an offence in the place in which that conduct occurs, | ||
(b) on board an Irish ship within the meaning of section 9 of the Mercantile Marine Act 1955 , or | ||
(c) on an aircraft registered in the State. | ||
(4) For the purpose of an offence under this section, the relevant conduct concerned (other than undue influence) may be directed at the other person referred to in subsection (1) or (2)(a), as the case may be, or another person. | ||
(5) Proceedings for an offence under subsection (3) may be taken in any place in the State and the offence may, for all incidental purposes, be treated as having been committed in that place. | ||
(6) In proceedings for an offence under subsection (3)— | ||
(a) a certificate signed by an officer of the Department of Foreign Affairs and Trade and stating that a passport was issued by that Department to a person on a specified date, and | ||
(b) a certificate signed by an officer of the Minister and stating that, to the best of the officer’s knowledge and belief, the person has not ceased to be an Irish citizen, | ||
is evidence of the facts stated in the certificate, and is taken to have been signed by the person purporting to have signed it, unless the contrary is shown. | ||
(7) A person who commits an offence under this section shall be liable— | ||
(a) on summary conviction to a class A fine or a term of imprisonment not exceeding 12 months, or both, or | ||
(b) on conviction on indictment to a fine or a term of imprisonment not exceeding 7 years, or both. | ||
(8) For the purposes of this section a person shall be deemed to be ordinarily resident in the State if he or she has had his or her principal residence in the State for the period of 12 months immediately preceding the alleged commission of the offence. | ||
(9) Where a person has been acquitted of an offence in a place other than the State, he or she shall not be proceeded against for an offence under this section consisting of the alleged act or acts constituting the first-mentioned offence. | ||
(10) Where a person has been convicted of an offence in a place other than the State, he or she shall not be proceeded against for an offence under this section consisting of the act or acts constituting the first-mentioned offence. | ||
(11) In this section— | ||
“ceremony of marriage” means any religious, civil or secular ceremony of marriage, whether legally binding or not; | ||
“relevant conduct” means violence, threats, undue influence or any form of coercion or duress; | ||
“removes another person from the State” includes— | ||
(a) arranging any part of the other person’s travel out of the State, | ||
(b) accompanying the other person for any portion of that travel, | ||
(c) arranging that the other person be met when his or her travel out of the State has terminated, or | ||
(d) doing any other act that could facilitate the other person’s travel out of the State. |