The Constitutional Court has ruled to annul a provision that punishes all sexual acts against children under the age of 15 as “sexual abuse,” stirring outrage from academics and women’s rights activists who warn that the decision will lead to cases of child abuse going unpunished.
The Constitutional Court discussed the issue upon an application from a district court, which complained that the current law does not discriminate between age groups in cases of child sexual abuse and treats a 14-year-old as equal to a four-year-old.
The local court said the law does not provide legal consequences for the “consent” of victims in cases where the child victim is from 12 to 15 years of age and able to understand the meaning of the sexual act. “This creates an imbalance between legal benefits and sanctions that should be preserved in crime and punishment,” the application stated.
With seven votes against six, the Constitutional Court agreed with the local court and decided to annul the provision. The decision will come into effect on Jan. 13, 2017.
Activists are likely to seek a reversal of the Constitutional Court’s ruling. The head of the Turkey Federation of Women’s Association (TKDF), Canan Güllü said they are now considering bringing the case to the attention of the European Court of Human Rights.
“This decision will lead to unwanted marriages. People will be able to kidnap and rape children, marry them at an early age, and prevent them from going to school,” Güllü said.
“The most important point is that unless this provision is urgently addressed, child abusers will start walking around freely because there is no new regulation [to fill the void],” Baransel said.
The Court has recently also annulled a provision that foresees at least 16 years of imprisonment in cases of child rape for the same reasons.
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Absolutely horrible.