The Definition of Marriage

[d-ray657]

An interesting story in the Kansas City paper. A man has been charged with statutory rape after consumating his marriage to a fourteen year old girl in an arranged marriage.

The girl's step-father arranged the marriage and entered into a marriage contract with the groom, who was in his late 20s IIRC. The girl signed the contract as well, but later told authorities that she didn't want to get married. She had asked for a "dowry" of a gold ring and a watch, both of which were purchased at Wally Martindales. The wedding took place in the step-father's home, in a religious ceremony, which the bride did not attend.

Now the political question. It it now going to be up to the courts to determine whether this marriage, the type which takes place all over the world, and certainly was at one time routine in this country, is valid. Is this a proper role for the courts?

It appears that the girl did not have the maturity necessary to make the decisions here. She denied that she agreed to the arrangement, even though she signed the marriage contract and asked for her dowry. I do question the validity of a ceremony which excludes one of the proposed spouses.

Especially under the cicumstances of this case, I think the charge should pass muster. First, the corts have upheld prohibitions on polygamy, even though it is a religious practice for some. Society has determined that it is harmful to the community to have more than one spouse at a time.

Society has also determined that girls under the age of sixteen are not capable of consenting to sexual relations. They lack the maturity to understand the consequences of their actions, and are probably more easily persuaded to engage in sex than one who is older and a little more confident. In the particular circumstances of this case it is not clear whether this relationship was consensual. Even if were not committed by force, it was the result of her bowing to what she saw as the choice by one in authority over her. That is the type of abuse that the statutory rape laws were designed to prevent. Ultimately, however, the court will have to determine whether marriage formalized by a religious ceremony was a valid marriage.

What do you think?

Regards,

D-Ray