Assemblywoman Amy Paulin Proposes Changes in Child Marriage Laws

From Office of Amy Paulin
Dec. 7, 2016: Assemblywoman Amy Paulin (D-88) will host a press conference on December 15 on the steps of City Hall in Manhattan to announce her plans to introduce legislation that would change the child marriage laws in New York State. The objective of the proposed law would be to raise the minimum age at which a woman can marry.
The current minimum age to marry in New York State is 14. If a child is 14 or 15, she can marry with parental consent plus the approval of the court. If a child is 16 or 17, she can marry with parental consent.
"Nearly 4,000 minors were married in New York between 2000 and 2010 and more than 84 percent of those children were minor girls married to adult men," Paulin said. "An adult can sexually abuse a child and avoid statutory rape charges by marrying the child. If an adult has sex with someone 16 or younger, it is statutory rape, but if the adult marries the child, then he can force her to have non-consensual sex whenever he wants."
"This is an appalling practice that destroys the lives of young girls. We don't let children under 18 buy tobacco or rent a car or drive a car in New York City. How is it possible that we allow a 14-year-old to get married? Yet we don't allow her any practical ways out. She can't sue for divorce in her own name. Under current law, she would have to sue for divorce through a parent, who likely forced her into the marriage in the first place, or through a guardian."
While a child can bring an annulment proceeding in her own name, she does not have the right to counsel, and the state will not cover her attorneys' fees. And even if she did get the marriage annulled, annulment does not allow for property distribution or spousal maintenance, essentially condemning the young girl to a life of poverty. She would likely be cut off from her family, without access to education and work opportunities, particularly if she has children.
Child marriage is associated with early pregnancies because child brides are often unable to negotiate access to safe sex and medical care.
Children under the age of 18 also face significant hurdles in accessing a domestic violence shelter to escape a marriage or the domestic violence during the marriage. They are referred to general homeless shelters that do not provide the confidentiality or support services that forced marriage victims need to remain safe from their abusers and cope with their trauma. In addition, minors are not permitted to voluntarily stay at runaway/homeless youth shelters longer than 30 days, and their guardians must be notified of their whereabouts within 72 hours of admission into the shelter.
"I can't even begin to imagine the physical, psychological, and emotional traumas these children have suffered," Paulin said. "We live in the 21st century, not the 1920s. We must safeguard the health, safety, and welfare of our children, who are the future of our society."
Pictured here: Assemblywoman Amy Paulin.
Photo courtesy office of Amy Paulin







