Marriage Instead of Prison: Will Marrying a 14-Year-Old Become a Legal Way Out for Pedophiles?
4 February 18:20
РОЗБІР ВІД 
A group of lawmakers is planning to make major changes to the Civil Code, and one of them has already caused quite a stir—the lawmakers are proposing to allow marriage to a 14-year-old girl if she happens to become pregnant or give birth to a child. What such changes could lead to and how necessary they are was investigated by
A new version of the Civil Code has been submitted to the Verkhovna Rada, consisting of nearly 2,000 articles (1,949), compared to the 1,308 in the current version. The aim of the bill, as stated in the explanatory note, is the recodification and systematic updating of Ukraine’s private (civil) law through the adoption of a new Civil Code of Ukraine (Code of Private Law) as a comprehensive, internally consistent, and effective codified act.
And, in the new version, the authors—including Parliament Speaker Ruslan Stefanchuk—propose to amend Article 1478, “Right to Marriage,” with the following wording:
“Upon application by a person who has reached the age of sixteen, a court may grant him or her the right to marry if it is determined that this is in his or her best interests, and in the case of a woman’s pregnancy or the birth of a child by her—at the age of fourteen.”
For relations with minors: not marriage, but prison
In other words, for an act that today can land someone in prison—namely, sexual relations with a minor—criminal liability may be avoided after this code is adopted if the pedophile marries the child. The current Criminal Code contains Article 155, which provides for liability for consensual sexual intercourse or other acts of a sexual nature with a person under the age of sixteen, committed by an adult. The punishment is restriction of liberty for up to three years or imprisonment for the same term, with the deprivation of the right to hold certain positions or engage in certain activities.
Recently in Kharkiv, a man was sentenced to 3 years in prison for having a sexual relationship with a minor, which resulted in the teenager becoming pregnant and giving birth. At the same time, as the investigation established, the man knew that the teenager was not even 16 years old, but this did not stop him. As he claimed, everything “took place with mutual consent, without the use of physical or psychological violence.” This relationship led to the pregnancy of the minor, who was only 14 years old at the time she was registered at the maternity hospital in April 2024. A forensic molecular genetic examination confirmed the defendant’s paternity.
The court took into account that the defendant had a prior criminal record (for drug possession and disorderly conduct). Therefore, the sentence was determined based on the aggregate of crimes. To find the man guilty under Part 1 of Article 155 of the Criminal Code of Ukraine. To impose a final sentence of 3 years and 2 months of imprisonment.
In the Zhytomyr region, a court handed down a verdict in a case involving sexual relations with a person under the age of 16. A 19-year-old student appeared before the court; he became a father after a relationship with a minor girl who gave birth at age 15.
During the court hearing, the defendant fully admitted his guilt and sincerely repented, promising to marry her. For this, the court sentenced him to up to one year in prison for having a relationship with a minor but suspended the sentence. However, he will only be able to marry the minor once she turns 16.
Too Much Violence Against Children
As noted by the Ministry of Justice, according to the Family Code of Ukraine, starting at age 18, a couple has the right to freely decide on the official registration of their relationship. However, one may enter into marriage upon reaching the age of 16 by court order, without parental consent. However, this is permitted only under the following circumstances: the bride’s pregnancy; the birth of a child; the actual formation of a family; or other significant factors. This is intended to protect children’s rights, specifically to prevent forced or early marriage. Under current law, marriage is prohibited before the age of 16.
Lawyers and educators believe that the lawmakers’ plan to lower the age of the bride contradicts both current legislation and common sense. If the age threshold for marriage for underage girls is lowered, then the Family and Criminal Codes will need to be amended; currently, engaging in sexual relations with girls as young as 14 can go unpunished if the pedophile promises to marry her.
“I’m no saint, but I would call the proposal to lower the marriage age to 14 immoral. I read a lot of English-language websites, and the issue of lowering the marriage age is being widely discussed in the wake of the Epstein case. And our lawmakers are already getting ahead of the curve. Today, there are many vulnerable children, teenagers who have been left without parental care, who can be forced not only into sexual relations but also into marriage. “This is not normal,” he notes in a comment
"Komersant Ukrainian" lawyer Yuri Ayvazyan.
According to information from Ukraine’s juvenile prosecutors, published on the website of the Office of the Prosecutor General, 695 children were victims of sexual violence in 2024.
The largest group of victims consists of children aged 10–14 (57%)
Teenagers aged 15–18 – 23%
Children under 5 years old – 3%
Children aged 5–9 – 17%
Of these, 85% were girls.
According to Yulia Slipchenko, a social educator at the Adolescent Rehabilitation Center, allowing girls to marry starting at age 14 is a loophole for abusers and will lead to a free-for-all for those who prey on children, since proving the fact of sexual abuse or physical coercion is not so simple, and pedophiles skillfully manipulate the minds of minors, able to intimidate, persuade, coax, promise, or bribe them.
“If this is passed, it will open Pandora’s box. And this is happening at a time when the laws, to put it mildly, are lax. When many children are in a vulnerable, depressed state because of the war,” the social educator emphasizes.
However, there is hope that lawmakers will not adopt this specific amendment to Article 1478, “The Right to Marriage.” After all, it is only a draft law and has not yet been enacted.
Author: Alla Dunina
