Jasmeet Bains

(1) Existing law makes it a crime for a person to take a woman unlawfully, against her will, and by force, menace, or duress, compel her to marry that person, to marry any other person, or to be defiled, as specified.

This bill would eliminate the crime of compelling a person to be defiled. The bill would specify that the crime of compelling a person to marry shall be applied equally regardless of the age of the victim of a forced marriage at the time of the forced marriage.

(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, commencing January 1, 2027, authorize a court to grant permission, upon a showing of good cause, for a party to proceed with a petition for nullity of marriage that is filed beyond the relevant filing period if the party's consent to the marriage was obtained by force. The bill would require the Judicial Council to modify or develop the forms necessary to implement those provisions.