Define: Abduction

Abduction
Abduction
Quick Summary of Abduction

Abduction is the crime of leading away a person by force or by a wrongful means of persuasion. Abduction is similar to the crime of Kidnapping, without the necessary element of the taking of a person against their will across a state line boundary.

What is the dictionary definition of Abduction?
Dictionary Definition of Abduction
  1. Leading away; carrying away.
  2. physiology The act of abducing or abducting; a drawing apart; the movement that separates a limb or other part from the axis, or middle line, of the body.
  3. logic A syllogism or form of argument in which the major premise is evident but the minor is only probable.

n. the criminal taking away of a person by persuasion (convincing someone—particularly a minor or a woman—that he/she is better off leaving with the persuader), by fraud (telling the person he/she is needed or that the mother or father wants him/her to come with the abductor), or by open force or violence. Originally, abduction applied only to protect women and children as victims. Currently, in most US states, it can also apply to an adult male. In fact, in some states, like New York, abduction means the unlawful taking or detention of any female for purposes of “marriage, concubinage, or prostitution.” Kidnapping is more limited, requiring force, the threat of force upon an adult, or the taking of children.

Full Definition Of Abduction

The act of restraining another through the use or threat of deadly force or through fraudulent persuasion. The requisite restraint generally requires that the abductor intend to prevent the liberation of the abductee. Some states require that the abductee be a minor or that the abductor intend to subject the abductee to prostitution or illicit sexual activity.

In the UK legal context, abduction generally refers to the unlawful taking or removal of a person, particularly a child, without consent or lawful authority. It is a serious criminal offence that can have severe legal consequences. Here’s a summary of abduction laws in the UK:

Definition of Abduction: Abduction is defined under various laws in the UK, including the Child Abduction Act 1984 and the Child Abduction Act 1984 (Amendment) Order 2002. It involves taking or retaining a child under the age of 16 from the lawful control of a person who has custody or care of the child without lawful authority or reasonable excuse.

Types of Abduction: Abduction can occur in different contexts, including parental child abduction, where a parent unlawfully removes or retains a child from the other parent or guardian, and stranger abduction, where a person unrelated to the child unlawfully takes or detains the child.

Legal Consequences: Abduction is a criminal offence punishable by imprisonment, fines, or both, depending on the severity of the offence. Parental child abduction, in particular, is treated as a serious matter, and the courts have powers to issue orders for the return of abducted children under the Hague Convention on the Civil Aspects of International Child Abduction.

Jurisdiction: Jurisdiction in cases of child abduction can be complex, especially when the abduction involves international borders. The UK has legal mechanisms in place to address international child abduction, including extradition treaties and cooperation with foreign authorities.

Legal Defences: In certain circumstances, there may be legal defences available to individuals accused of abduction, such as having lawful authority or a reasonable excuse for taking or retaining the child, or acting to protect the child from harm or abuse.

Legal Remedies: Victims of abduction, particularly parents whose children have been abducted, have legal remedies available to them, including seeking assistance from law enforcement agencies, applying for court orders for the return of the child, and pursuing criminal charges against the abductor.

Child Protection Measures: In addition to criminal prosecution, child protection measures may be implemented to safeguard abducted children, including social services intervention, child welfare assessments, and court orders for custody, contact, or supervision arrangements.

Legal Assistance: Individuals involved in abduction cases, whether as victims or accused parties, are strongly advised to seek legal assistance from qualified solicitors or barristers specialising in family law, criminal law, or child abduction matters. Legal professionals can provide guidance, representation, and support throughout the legal process.

Abduction FAQ'S

Abduction is the crime of leading away a person by force or by a wrongful means of persuasion.  Abduction is similar to the crime of Kidnapping, without the necessary element of the taking of a person against their will across a state line boundary.

Abduction can occur in various contexts, including parental child abduction, stranger abduction, and international child abduction, each with its own legal implications and consequences.

Laws governing abduction cases vary by jurisdiction but often include statutes related to kidnapping, child abduction, human trafficking, and international treaties such as the Hague Convention on the Civil Aspects of International Child Abduction.

The legal consequences of abduction can be severe, including criminal prosecution, imprisonment, fines, and civil liability. In cases of parental child abduction, courts may issue orders for the return of the child and impose sanctions on the abducting parent.

Parental child abduction occurs when one parent unlawfully removes or retains a child from the other parent or guardian. Legal mechanisms such as court orders for the return of the child and international treaties may be invoked to address parental child abduction.

If your child has been abducted, it is essential to act quickly and seek assistance from law enforcement authorities, contact a family law attorney, and consider filing a report with relevant agencies or organisations specialising in missing children cases.

In cases of international child abduction, legal procedures such as extradition treaties and the Hague Convention may facilitate the return of abducted children to their home country for resolution of custody disputes.

Legal defences to abduction charges may include having lawful authority or reasonable excuse for taking the individual, acting to protect the individual from harm, or disputing the elements of the offense.

Victims of abduction may pursue various legal remedies, including criminal prosecution of the abductor, seeking court orders for the return of abducted individuals, and pursuing civil claims for damages or restitution.

Individuals involved in abduction cases, whether as victims or accused parties, should seek legal assistance from qualified attorneys specialising in criminal law, family law, or international law, who can provide guidance, representation, and support throughout the legal process.

Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 11th April 2024.

Cite Term

To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.

  • Page URL:https://dlssolicitors.com/define/abduction/
  • Modern Language Association (MLA):Abduction. dlssolicitors.com. DLS Solicitors. May 20 2024 https://dlssolicitors.com/define/abduction/.
  • Chicago Manual of Style (CMS):Abduction. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/abduction/ (accessed: May 20 2024).
  • American Psychological Association (APA):Abduction. dlssolicitors.com. Retrieved May 20 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/abduction/
Avatar of DLS Solicitors
DLS Solicitors : Divorce Solicitors

Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.

All author posts