"Whose morality is public morality?"
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A lawsuit has been filed against four trans women who live in İstanbul over their "indecent behavior".
Put on trial for standing on the street in Talimhane on July 16, the women will have their first hearing at the İstanbul 34th Criminal Court of First Instance next Women's Day on March 8, 2022 at 11.05 am.
As reported by Yıldız Tar from Kaos GL association, the indictment issued by the prosecutor's office has argued that "the trans women bargained for prostitution on and near Turan Street in Talimhane." In underpinning these allegations, the indictment has referred to the applications submitted to the Presidency's Communication Center (CİMER).
In the indictment, the prosecutor has defined the following as "indecent behavior": "...that they exposed their bodies (legs, breasts, sexual parts), called out to men walking along the street, tried to communicate with winks or facial gestures..." As the court has accepted the indictment, the investigation has turned into a criminal case against the women.
What is the charge of 'indecent behavior'?
The Articles 225, 226 and 227 of the Turkish Penal Code (TCK) respectively regulate the offenses of "indecent acts", "obscenity" and "prostitution". As per the Article 225 on "indecent act," "A person who engages in sexual intercourse in public or who exposes oneself in public shall be sentenced to a penalty of imprisonment for a term of six months to one year."
In an information note previously published by the May 17 and Kaos GL associations in this context, it was underlined that "exposing oneself" is a general concept here and it cannot be widely interpreted:
"Being in public is important in this charge. The person shall commit this act in a public environment. If a person engages in sexual intercourse or exposes oneself in a place that does not meet the requirement of this publicness, this charge cannot be brought against the person. Besides, in the justification of the article, there is an emphasis on not being identifiable or perceivable by other people." (EMK/SD)
