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13-year-old ME in Pendik wrote to the ‘Student Information Form’, which was distributed on September 28, 2018 by the teacher at the school where she was studying, that she had family problems and was subjected to violence. About this article, the school counselor and the classroom teacher held three separate meetings with ME. ME, who has 13 siblings from the same mother and father, said her family does not want to educate her, does not care about the girls and that they will not send them to secondary school. The teachers visited the family but did not detect any specific negativity. ME’s parents said they were going to educate their daughter. Encouraged by the visit and interest from the teachers, ME told her classroom teacher that she was sexually assaulted by her brother Ş.E., 4 years her senior. ME claimed that her brother had sexually assaulted her since she was 5 years old. She told ME that men are more important in her family and has not mentioned it before for fear of being blamed.
REPEAT ON PATROL
The report, kept by the teachers, was sent to the police station. I repeated the same statement at the police station. By the Istanbul Anatolian Prosecutor General’s Office, Ş.E. A lawsuit was filed against him, demanding a prison sentence of 20 to 35 years for the crime of “sexual abuse of a child linked to a chain of blood.”
SAID ‘MATTER’ IN COURT
ME withdrew the statement she provided during the investigation stage, indicating that he had slandered her for not allowing him to go out and beat her during the hearings at the trial stage. He told ME: “My statement in the preparation is not correct, I made it all up. You don’t believe, but those incidents are spreading too much. It happens to everyone, but it didn’t happen to me. I didn’t know this incident was going to happen here, the counseling teacher extended this work.
His mother and father told slander
ME’s father, KE, whose statements were taken as a witness, said that his daughter slandered his son, while his mother SE claimed that her daughter was spoiled and said: “I think she made up and told such a fact although it did not happen” . ME’s parents said they were not complaining about their son. Her parents claimed that their daughter was not mentally healthy.
FORENSIC MEDICINE REPORT
Faced with this complaint, the ME victim’s lawyer, Kerim Tunç Erturan, requested a report on the victim’s mental health. In the report dated 23 September 2019 from the Institute of Forensic Medicine, it was stated that “Mağdure ME did not suffer from any mental illness or mental retardation that prevented him from perceiving the legal significance and consequences of the incident and that his statements were respected.
MEASURE REQUESTED BY LAWYER
ME’s lawyer, Kerim Tunç Erturan, requested that SSÇ (Child referred to crime) be punished Ş.E. Lawyer Erturan demanded that protective measures be taken for ME, who still lives in the same house with her family.
SENTENCED TO 10 YEARS
In announcing its decision, the court sentenced Ş.E. to 15 years for the crime of “sexual abuse of a child linked to a chain of blood” for his act against his younger sister of 15 years. Since the accused Ş.E. was under 18 at the time of the crime, the sentence was reduced to 12 years in prison. The court, which reduced the sentence to 10 years with the ‘good behavior’ discount, also decided to stop him with the decision. The lawyer for Ş.E., who considered that the sentence was excessive, appealed this decision to the Court of Appeal.
THE COURT ANNOUNCED THE REASON FOR THE DECISION
The court, which wrote the reason for the decision, noted that after ME wrote an article on the ‘Student Information Form’ that was subjected to violence by his family, the counselor met with him three times and these interviews were also recorded. In the reasoned decision, in which it was stated that the incident was revealed in this way, it was said: “Although ME made statements that fundamentally contradict the narratives of the investigation and the accusation, it insistently recounted its experiences in more than an interview with the victim by both the classroom teacher and the counselors.. “specified.
