(1) Existing law makes it a crime to take a woman unlawfully, against her will, and by force, menace, or duress, compel her to marry a man, or to marry any other person, or to be defiled, as specified.
This bill would specify that those provisions shall be applied equally regardless of the age of the victim of a forced marriage or defilement at the time of the forced marriage or defilement.
(2) Existing law provides that a marriage is voidable and may be adjudged a nullity if certain conditions existed at the time of the marriage, including, among others, the party commencing the proceeding was under the age of consent, either party was of unsound mind, the consent of either party was obtained by fraud or by force, or either party was, at the marriage, physically incapable of entering into the marriage state, and that incapacity continues, and appears to be incurable. Existing law requires a proceeding to obtain a judgment of nullity of marriage for the causes described above to be commenced by specified parties within specified periods, including, among others, by the party whose consent was obtained by fraud or by force, within 4 years after the marriage.
This bill would delete the time limits described above and instead authorize a proceeding to obtain a judgment of nullity of marriage to be commenced at any time for the causes described above by the injured parties.
Statutes affected: AB 1134: 265 PEN
02/20/25 - Introduced: 265 PEN
03/10/25 - Amended Assembly: 2211 FAM, 2211 FAM, 265 PEN
04/01/25 - Amended Assembly: 2211 FAM, 265 PEN, 265 PEN, 265 PEN