Turkey's female deputies want penalty for sexual assault doubled

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Turkeys female deputies want penalty for sexual assault doubled
Oluşturulma Tarihi: Kasım 01, 2008 11:49

Female deputies of the ruling Justice and Development Party (AKP) submitted a proposal on Friday to double penalties for sexual assault, just days after the release of a columnist accused of abusing a 14-year-old girl.

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The proposal to Parliament would increase penalties to between six months and four years imprisonment for the crime of sexual assault, which currently carries a jail term of between four months and three years.Â

The proposal, submitted by the AKP Women's Branch head Fatma Sahin, who is also the deputy from Gaziantep, also includes other changes to the Turkish Penal Code (TCK).

If office relationships or hierarchies are used for sexual abuse, those found guilty will be imprisoned for six years. If victims are forced to leave their schools or homes or suffer psychological trauma, the minimum sentence will be two years.

Sahin said the proposal was prepared with an eye to similar laws in the European Union and the United States.
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EUROPE MONITORING UZMEZ CASE
Women's rights rapporteurs slammed the official report that led to the release of the columnist, Huseyin Uzmez, as "unacceptable."

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"The laws embodied in the Turkish Penal Code are aimed at protecting victims, not culprits. Europe is closely monitoring this case," Emine Bozkurt, Dutch member of the European Parliament, was quoted by the Turkish Daily News (TDN) as saying at a press conference Friday. Bozkurt is also the parliament's rapporteur on women's rights in Turkey.

Yakin Erturk, U.N. special rapporteur on violence against women, said the Uzmez case was a reflection of a "patriarchal mentality" in Turkey. "Girls are not important. Abuse is considered a source of pride for men. Turkey should get rid of such a mentality. This is unacceptable," she said at the same conference.

MINISTER OBJECTS TO REPORT
Earlier, the state minister responsible for women's issues, Nimet Cubukcu, said she would object to the official report on the Uzmez case.

the report, prepared by the Istanbul Forensic Medicine Organization, said the physical and mental well-being of the victim, known only as B.Ç., was not harmed by the incident. The details of the report prompted the court's decision to release Huseyin Uzmez, a writer for conservative daily Vakit.

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The forensic institution has also been criticized for releasing the report within just 40 days, as courts across Turkey would usually have to wait years for such reports.

State Minister Nimet Cubukcu responded Wednesday to questions on the private NTV television channel regarding the issue. The minister said she could make no comment on the court's decision but that she planned to object to the report, asserting that the victim had been affected by the incident and had to seek mental health services.

"We are on the side of the victim when it comes to the abuse of a child and it is all about the good of a 14-year-old girl. This is more important than the law of everybody," she said.

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A NEW REPORT NEEDED
"After evaluating the issue together with experts, we will soon make an objection to the expert report. I am not saying the court decision is right or wrong, but I believe the situation will change if a new assessment is made on the issue," Cubukcu added.

Cubukcu also emphasized the victim was psychologically traumatized when she came to the Social Services and Child Protection Agency, or SHÇEK, and that the real-life incident and expert report should match.

The minister said the psychological impacts on the child should be evaluated more carefully as, although it was not a case of rape, it was a case of physical abuse.

"The earlier reports indicated a need for our protection of the child. If there is an improvement in her mental health currently, it may be related to the ongoing support provided. The current mental health of the victim can't be used as evidence to assess the event," she said.

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Adem Sozuer of Istanbul University's law faculty, meanwhile, said child abuse requires a jail sentence from three to eight years.

"If the mental and physical health of the abused gets worse, the penalty is increased. The lower limit for the penalty starts from 15 years. It is still a crime to abuse a child, even if the victim's mental and physical health is not harmed," he said.

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