Prosecutor demands acquittal despite forensic medical report

* Photo: cinselgorselarsiv.org/Meltem Ulusoy

Click to read the article in Turkish / Kurdish

WARNING: This news report is about an incident of violence. While it does not share details, it recounts what happened. The content might trigger memories or have a traumatic effect on persons who witnessed or were subjected to violence, discrimination and hate before. In this case, you can contact a mental health specialist, an LGBTI+ organization in your city or write to the May 17 Association for support.

In İstanbul's Şişli, Harun Sarıkaya threatened trans woman Asel Oktay with a gun and sexually assaulted her on March 2. Running out of her own house, Oktay called the police and the assaulter was detained.

Sarıkaya was released despite the request for protection and injunction. A criminal case was filed against Sarıkaya on charges of sexual assault, threat and insult. The prosecutor presented the opinion as to the accusations at the third hearing yesterday (September 13).

At the hearing held by the İstanbul 8th Heavy Penal Court, the prosecutor requested Sarıkaya's acquittal of sexual assault, threat and insult. The prosecutor demanded his penalization on the grounds that the gun that he used to threaten Oktay was not registered.

The next hearing will be held on October 11.

Forensic medical report says 'PTSD'

As reported by Yıldız Tar from Kaos GL, though the prosecutor demanded acquittal due to "lack of evidence", the report issued by the Forensic Medicine Department of İstanbul University Faculty of Medicine has documented that Asel Oktay has posttraumatic stress disorder, she lives the moment of attack all over again and has difficulty even going in her room.

The forensic medical report emphasizes that the lack of a physical finding is not enough in itself to dismiss sexual assault.

Lawyer objected to prosecutor's opinion

Asel Oktay's lawyer Levent Pişkin indicated that according to the legal precedents of the Court of Cassation, an opinion as to the accusations cannot be issued without a psychological assessment. He submitted a petition to the court and demanded a new opinion. Pişkin reminded the court that the forensic medical report should be considered in the opinion.

Defendant's statements are contradictory

Prosecutor Harun Sarıkaya made contradictory statements at the police department, prosecutor's office and judgeship.

The police also said that the defendant insulted and threatened them during the talks with the prosecutor. Saying a different thing every time he talked about how he had met Asel Oktay, Sarıkaya also had a knife and 11 bullets on him in addition to the weapon.

He also made some remarks frequently encountered in hate crimes, saying, "I thought she was a woman, she turned out to be a travesty." (EMK/SD)