Bar associations find discussions on child rape pardon bill 'worrisome'

Duvar English

Some 63 provincial bar associations in Turkey have released a statement raising concerns over the authorities' handling of the child sexual abuses cases in the country.

The joint statement said the recent deliberations on a bill that seeks to give amnesty to offenders involved in child sexual abuse were “worrisome.”

According to recent media reports, the ruling Justice and Development Party (AKP) is working on details of an amnesty bill that also seeks to pardon convicts of child sexual abuse if the age difference between the molester and his victim does not exceed a certain threshold. During the AKP's Central Executive Board (MYK) meeting in the beginning of December, a group of deputies favored this threshold level being “15 years,” whereas another group said it should be “10 years,” according to reports. The AKP is also said to bring the criteria of marriage between the child and molester for the latter to benefit from this amnesty.

The 63 bar associations have strongly condemned these reported deliberations, saying: “We are, filled with anxiety and sorrow, once again following the bill deliberations …. which we name as 'amnesty for sexual abuse offenders' in the case of victim children having been married off to their offenders. The bill discussions of 'Should the amnesty be granted if the age difference between the offender and child is less than 10 or 15?' -- which are completely detrimental for the child, legitimize the child abuse, encourage it and incentive it -- are completely primitive, unlawful and unacceptable.”

The bar associations' joint statement has also condemned a series of acquittal rulings given by the Court of Cassation on the grounds that the offender “did not know the child's age,” “the unity is continuing without any problem,” “the victim has not filed a complaint” and “the family unit would be damaged is a sentence is given.” The bar associations said that such justifications cited by Court of Cassation “are laying the legal framework of acquittal decisions and early marriages.”

Acquittal rulings given based on “public welfare, the consent of the victim and good conduct of the suspect” provide an incentive for the offenders' acts, according to the statement.

The bar associations also said that the legal age of marriage should be 18 in Turkey – with no condition attached. Turkey's legal age of marriage is 18, but law also allows 17-year-olds to marry with the consent of their parents or guardian, or 16-year-olds in exceptional circumstances with court approval.

“It should be known that any legal regulation that has the characteristic of an amnesty for sexual abuse offenders will not find approval legally or conscientiously. Children are not sexual objects and therefore should not a party of the marriage institutions. An amnesty that will be granted for the offenders who sexually abused children is against the overriding interest of the child. We will not let it be legitimized with legal regulations,” the statement said.