‘Withdraw the Motion Foreseeing Marriage Amnesty for Child Abusers’

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The TCK (Turkish Penal Code) 103 Women's Platform, which is an umbrella organization for 157 women's and LGBTI organizations, has released a statement about the motion foreseeing impunity for offences of sexual abuse in the event of marriage between the abuser and the child.

In its statement, the platform has emphasized, "Such legal regulations which grant amnesty to convicts of sexual abuse aim to legitimize child abuse by absolving sexual abuse offences."

It was on November 17, 2016 that the same motion was brought into the agenda of the Grand National Assembly of Turkey (TBMM). However, the motion was withdrawn upon public reaction. In the event that the motion becomes a law, around 10 thousand people, who are currently in prison on charges of sexual abuse, are expected to be released.

Here are some of the highlights from the platform's statement:

"Forced and early marriage is a crime"

"As we also stated as the TCK 103 Women's Platform in 2016, we do not accept any law amendments which would legitimize rape, early or forced marriages. We object to the motion which has again been brought up three years later for fear of votes before the local elections.

"Forced and early marriages should be defined as an offence in the Turkish Penal Code (TCK). According to the Article 37 of the İstanbul Convention, to which Turkey is also a party, early and forced marriages shall be defined as offences in the related laws.

"Sexual abuse in disguise of marriage"

"The consent of children under the age of 15 is legally invalid and allegations of abuse towards these children are investigated regardless of whether there is use of force, violence or deceit and not depending on whether there are any criminal complaints or not. Moreover, if the necessary conditions arise, a criminal suit is filed and a verdict of conviction is given.

"After the offence is committed, it is not a reason for impunity that the suspect/defendant and the child get married. The motion in question encourages use of force and violence against children as well sexual abuse, which is in the disguise of a marriage.

"Encouragement of commission of offence"

"Such an amnesty would whitewash the offence and encourage its commission by creating the perception that such illegal 'marriages' with children will render child abuse offences go unpunished.

"It would also discourage the victims from appealing to the legal mechanisms and reintroduce the concept of 'marriage with rape offenders' into law." (EÖ/AÖ/SD)