Both the terms “kidnapped” and “abducted” are often used interchangeably, but in reality, they have different meanings. Understanding the difference between these two terms is crucial, as they have different legal definitions and penalties. Let’s take a closer look at the differences between kidnapping and abduction.
What is Kidnapping and Abduction?
Kidnapping
Kidnapping is a term used when a person is forcefully taken from one place to another, often accompanied by elements of violence, threat, and deceit. The purpose of kidnapping may be to receive a ransom, to harm the person kidnapped, force them to carry out specific actions, or to obtain leverage over someone else.
Abduction
Abduction, on the other hand, is an act of taking someone away from their lawful or proper custody without their consent. Abduction can be lawful or unlawful. For example, when a child is taken by a non-custodial parent, it is considered an unlawful abduction. However, when a minor is taken away by a parent or a legal guardian, it is considered lawful because they have the right to custody.
The Difference between Kidnapping and Abduction
The primary difference between kidnapping and abduction is that kidnapping is always unlawful, while abduction can be lawful or unlawful. Kidnapping usually involves taking someone away by force, whereas abduction may involve deceit or trickery. Additionally, the purpose of kidnapping is usually to harm the person taken or to obtain ransom, while the purpose of abduction may be for lawful reasons such as custody disputes.
Legal Definitions and Examples of Kidnapping and Abduction
Kidnapping
The laws governing kidnapping may vary from one jurisdiction to another, but in general, kidnapping is defined as the act of taking away a person or a child against their will, by force or threat of force. For example, if a person is held and detained against their will, it may be considered a kidnapping.
Abduction
In legal terms, abduction may refer to the act of wrongfully taking a person or a child away from their rightful custody, without their consent or lawful reason. For example, if a non-custodial parent takes their child away from the custodial parent without permission, it may be considered an abduction.
The Differences in Legal Definitions between Kidnapping and Abduction
The legal definitions of kidnapping and abduction again highlight the differences between these two terms. While kidnapping is always an unlawful act due to the use of force, abduction may be lawful or unlawful depending on the circumstances. Abduction may also include situations where a parent or a legal guardian has the right to custody but takes the child without the consent of the other parent or guardian.
The Different Types of Kidnapping
Traditional Kidnapping
Traditional kidnapping involves taking someone away against their will for various reasons, such as to obtain ransom or to harm them. This type of kidnapping is considered the most severe due to the harm inflicted on the kidnapped person.
Forced Marriage Kidnapping
Forced marriage kidnapping is an act of kidnapping done with the intention of forcing the kidnapped person into marriage. This type of kidnapping is prevalent in some cultures, and it often leads to psychological trauma and physical violence for the victim.
Kidnapping for Ransom
This type of kidnapping is done with the intention of obtaining a ransom from the kidnapped person’s family or associates. The kidnapped person is usually released after the ransom is paid.
What are the Penalties for Kidnapping and Abduction?
Penalties for Kidnapping
The penalties for kidnapping may include imprisonment, fines, or both, depending on the severity of the offence. In some jurisdictions, the penalty for kidnapping may be life imprisonment, especially if the kidnapped person is harmed or killed during the kidnapping.
Penalties for Abduction
The penalties for abduction may vary depending on the circumstances of the offence. If the abduction is considered lawful, there may be no penalty. However, if the abduction is unlawful, the penalty may include fines and imprisonment.
Differences in Penalties between Kidnapping and Abduction
The penalties for kidnapping are usually more severe since it involves the use of force and often leads to physical and psychological harm to the kidnapped person. Abduction, on the other hand, may not always involve physical harm or force, and the penalty may be less severe, especially if there was no intent to harm the person or child taken away.
What Should You Do If Someone is Kidnapped or Abducted?
Steps to Take Immediately When Someone is Kidnapped or Abducted
If someone you know is kidnapped or abducted, you should first try to stay calm and contact the authorities immediately. Try to gather as much information as possible, such as the kidnapper’s description, the vehicle they used, and the direction in which they were headed. Provide this information to the authorities to help them begin an investigation.
How to Go About Contacting the Authorities for Help
If you suspect that someone is kidnapped or abducted, you should call the emergency services or the police immediately. Be prepared to provide the authorities with a detailed account of the incident, including the date, time, and location of the abduction, the description of the suspect(s), and any other relevant information.
What Not To Do When Someone is Kidnapped or Abducted
It’s essential to avoid contacting the kidnappers yourself, or attempting to resolve the situation alone. Doing so may put the kidnapped person’s life at risk, and it may be illegal. It’s always best to call the authorities and let them handle the situation.
Conclusion
In conclusion, although the terms “kidnapped” and “abducted” are often used interchangeably, they have different legal definitions and penalties. Understanding the differences between these two terms is crucial, as it can assist in how to respond if you or someone you know falls victim to these terrifying crimes.
