Sexual Offenses: Proof, Evidence, and Victim Statements

Sexual crimes (Sexual Assault, Harassment, Abuse of Minors) are the most sensitive and socially charged cases in the penal system. They typically occur in private with no third-party eyewitnesses, making the issue of proof incredibly complex.

The Principle: “The Victim’s Statement is Essential”

There is a widespread adage: “Kadının beyanı esastır” (Woman’s declaration is essential). However, this is legally nuanced.

• It Does NOT Mean: “Whatever she says is absolute truth and needs no other proof.”
• It Means: “In the absence of conflicting evidence, and if the victim’s statement is detailed, consistent, and logically sound, it can be the sole basis for a conviction.”

Credibility Tests

Courts look for:

• Consistency: Did the story change between the police statement and the court hearing?
• Sincerity: Does it contain “life details” that are hard to fabricate?
• Time: Did the victim report immediately or wait months? (Waiting is not proof of lying, due to trauma, but immediate reporting strengthens the case).
• Motive: Is there a reason for slander? (e.g., a breakup, money dispute).

Types of Evidence

1. Forensic Report (Adli Tıp Raporu): The Gold Standard. Physical signs of trauma, DNA, or semen. However, in non-penetrative assault or harassment, this might not exist.
2. Psychological Evaluation: Determining if the victim’s mental health was affected or if they are prone to fantasizing.
3. HTS Records (Phone Signals): Proving the suspect and victim were at the same location at the alleged time.
4. Digital Evidence: WhatsApp messages, social media interactions before and after the event. Was the tone flirtatious or fearful?

Consent (Rıza) Issue

In Sexual Assault (Adults - TCK 102), Consent is the absolute defense.

• Valid Consent: Must be free will.
• Invalid Consent: If the victim was threatened, physically forced, or was unconscious (drunk/drugged to the point of not understanding), there is no consent.
• Minors (TCK 103):
  • Under 15: Consent is legally irrelevant. It is always a crime.
  • 15-18: Generally consent is valid, unless there was coercion (or if the perpetrator is a person of authority).

Defense Strategy

For the accused, these charges are nightmares carrying heavy social stigma and long prison terms (12+ years usually).

• Alibi: “I wasn’t there.”
• Consent: “We did it, but it was consensual.” (Proved by messages, CCTV showing holding hands before/after).
• Slander: “She is lying because I didn’t marry her.”

Conclusion

Sexual offense trials are emotional and technically demanding. The Supreme Court’s jurisprudence shifts frequently regarding the weight of “victim statements.” Expert legal representation is mandatory to ensure a fair trial where “presumption of innocence” is preserved against social pressure.

Professional Legal Support

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