A BOOK ON U.S. APPLICABLE LAW
Deacon San Nguyen
FORCED MARRIAGE
This is the Tenth Lecture that I gave to the assembly of Vietnamese American Association in Oklahoma on January 23rd, 2010 in Oklahoma City. On this occasion, I represented all refugees from many countries (Vietnam, Cambodia, Laos, Iran, Iraq, Russia, Cuba…) who received benefits from this Association to honor Mr. Thu Dinh Nguyen, the founder and First President of the Association. Since 1977, the Association had help thousands of refugees to resettle in this country until now.
In spite of that, the main topic that I lectured was Forced Marriage, a marriage in which one or both of the parties was married without his or her consent or against his or her will.
Vietnamese people had a saying: “We can extract oil from fruit but we rather not force anyone to marry.” In real life, even though the couple loves each other very much, they may not be happy forever. Should they be forced to marry, they would certainly face a terrible future.
In this chapter, we would like to share some stories about forced marriage or fake marriage with its unhappy/happy consequences.
First Story: Lying, Kidnapping, and Rape
Son came back his old country and met Hanh, a relative, who suggested that if Son wanted to have some money, Hanh would recommend a rich and talent in arts to be Son’s fake wife. Because the girl wanted to study arts in America, Hanh said that if Son agreed with all conditions of the girl’s parents, they would give Son $25,000.00 before Son going back to the States. They only wanted Son to process a fake marriage with Thu, the girl, for 2 years, then, after that, Son would divorce her for Thu to be free with her life. Of course, they also wanted Son to live separately with Thu and let her study by her own. Anyway, Thu did not want to marry at early ages so that she could finish her study and became a famous artist in America. Son was very happy to accept all conditions, took Thu’s money, and promised to do everything he could to take her to America as soon as possible.
Nine months later, as Son promised, Thu arrived in USA under the status of a wife to a citizen. Son rent for her an apartment near a Community College so that Thu did not need to drive everyday. Every weekend, Son drove her to shopping. Thu thought that her dream came true. However, only 6 months later, Son drove Thu to his home and gravely informed her: “Since today, you have to be my real wife because we already married legally as husband and wife. If you do not like it, I will shoot you then I will kill myself.” Son then took out a pistol and pointed to her head. Being scared to death, Thu had to obey Son and did what he wanted.
Thu was so naïve and did not know that State Law already explained: “Every person who takes any woman unlawfully against her will, with intent to compel her by force, menace or duress to marry him or marry other person, shall be guilty of felony and he is punishable by imprisonment in the penitentiary not exceeding ten (10) years).”
Thu was so unfortunate. She believed that she already had legally wedded Son, she could not do anything else. Moreover, if she reported to government, he might be in jail and she should be deported immediately. Should Thu have a counselor, he would advise Thu that even though she just arrived in America, and had marriage certificate done, she still could claim that her husband raped her without her consent under the threat of a gun. That would help her to stay in USA without a need of a husband.
Second Story: A Chain of Strange Things
Tuan, abandoned by his wife after 3 years of marriage, is the son’s of Mr. Vuong, a former official in Saigon. Tuan loved his parents and liked to do stuff for his parents without any hesitation. Mr. Vuong had an old friend in Vietnam, Mr. Vu, who had a very nice daughter, Tina, a sophomore at a Business Administration College.
Mr. Vu always dreamed about a day on which his only daughter could attend an American College because she was nice, talent, and wise. Knowing that Mr. Vuong had a son, Mr. Vu solicited Mr. Vuong to help Tina to study in America by pretending to be her husband and sponsoring her to USA. Of course, Mr. Vu did not have money to pay Mr. Vuong even a penny. If Mr. Vuong and his son agreed to help, they would keep their gratitude to Mr. Vuong and his son forever.
Due to their long-time friendship, Mr. Vuong asked Tuan to fly back Vietnam and set up a fake marriage with Tina. Mr. Vuong suggested that after two years living in America, Tina could divorce Tuan and then lived her dream alone.
Being an obedient son, Tuan flew back to Saigon and processed paperwork for Tina to arrive in USA. When Tina was already in this country, Mr. Vuong and Tuan allowed Tuan’s pretending wife, Tina, to live in the same house with them, but in a separate room with Tuan.
At first, Tina and Tuan kept their distance from each other. But gradually, seeing Tuan working very hard to support his family, Tina began to feel for Tuan and then, one day, Tina volunteered to be his real wife. To make ends meet, Tina left her college and study cosmetic to do “nails” for lady customers. Due to her talent, Tina had many customers. Days by days, she bought a shop and became a big boss with 10 workers. Tuan became a manager. They had a son and lived happily ever.
