Prosecutors close child abuse investigation in Urfa because 'she didn't lose virginity'

"Don't remain silent against abuse" (Photo: csgorselarsiv/Serra Akcan)

Click to read the article in Turkish

The Viranşehir Chief Public Prosecutor's Office in the southeastern Urfa province has entered a nolle prosequi regarding the investigation into a man named M.S. on the charge of "abusing his step-sister."

The prosecutor, who had to take into account "the child's statements" according to the İstanbul Convention, did not take these statements into account, as well as ignoring the reports that said there were "suspected findings of abuse."

CLICK - bianet Male Violence Monitoring Reports from 2009 to 2021 

In the verdict of non-prosecution, the prosecutor's office cited a report by the Marmara University İstanbul Pendik Training and Research Hospital, which said her "hymen was intact."

According to the minutes, M.S., who had abused her step-sister for a year, was detained on May 21.

Referred to a court after giving a statement at the Security Directorate, M.S. was released. The Viranşehir Chief Public Prosecutor's Office, which had opened an investigation for "successive harassment," decided not to prosecute the case.

"She had a relaxed attitude"

In its decision, the prosecutor's office also cited a previous ruling by the 5th Chamber of the Court of Cassation, the country's top appeals court, which said, "the aggrieved party did not shout and asked for help when the act of rape took place, she did not tell anyone about the situation although the sexual act took place multiple times, according to her claim, and she did not file a complaint."

"While there was no reason for the aggrieved party to slander the child who was dragged into crime, this point alone could not be considered as evidence that he committed the charged offense," the prosecutor's office said in the verdict.

"Apart from abstract allegations, there was no evidence supporting the aggrieved party's claim that there was child abuse," therefore no prosecution was needed, it concluded.

"The child is receiving treatment"

Human Rights Association (İHD) Chair Eren Keskin said they had appealed against the decision, noting that the prosecutor's office did not take into account the reports that said there were "suspected findings of abuse."

"The prosecutor's office is based on the Forensic Medicine Institution's conclusion that 'her virginity was intact.' However, there is the Forensic Interview evaluation report. In its last part, it includes the information that 'the child escaped and came to İstanbul and she might have been involved in a negative event.'

"The child is currently receiving treatment. Also, there is a report that we received from the psychologist. Again, there is a report from another hospital. It says, 'the current findings raised suspicion regarding abuse.' It is terrible that [the prosecutor's office] did not consider any of these.

"The prosecutor offers reasons for non-prosecution that the child did not tell anyone [about abuse], did not shout, and 'moving from one subject to another' while explaining it. This is how abused children describe it.

"The convention on the rights of the child, to which Turkey is a signatory, also states that the child should be protected, and the fact that the prosecutor gives a decision considering only the finding related to virginity shows the gravity of the situation." (EMK/VK)