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In Defence of the Defence of Marital Coercion

Date:23 JUL 2013

Susan S M Edwards

Professor of Law University of Buckingham Door Tenant 1 Gray's Inn Sq Chambers London

Contrary to critics the criminal defence of marital coercion (Criminal Justice Act 1925 s 47) is not a relic which should be consigned to history but is of increasingly relevance to many wives who in our multicultural society with  its patterns of modern migration find themselves sub virga viri sui. Family law by contrast has recognised the need to protect vulnerable women including men from forced marriage in the law on annulment (Matrimonial Causes Act (MCA) 1973 s 12) and the Forced Marriage (Civil Protection) Act 2007 makes threats and use of force a civil offence providing  injunctive relief in the form of forced marriage protection orders and with a criminal provision coming into force.

Criminal law with regard to the defence of duress has resiled driven by a public policy need to confront gang culture it becomes ever more difficult to establish duress for all including frail...

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