Women Are Against Virginity Tests

The Supreme Court of Appeals overturned a decision about a defendant who confessed to raping 12 girls, all under the age of 15. The court ordered the girls to take virginity tests. Women want the TCK amended to abolish virginity tests.

İstanbul - BİA News Center
26 August 2004, Thursday
Women are angry at the Supreme Court of Appeals, which

overturned the decision on Yaman Ozcelik, who raped 12 girls under the

age of 15 and attempted to rape three others. The court overturned the

decision noting, "it could not be proven that two of the girls lost their

virginity." "Rape is not just taking someone's virginity," said the women

and demanded that virginity tests are completely abolished in the new TCK

(Turkish Penal Code).

Mujde Bilgutay from the Women's Human Rights Project New Solutions

Foundation, Esin Bozoglu from the Balikesir branch of Supporting and

Educating Women Candidates (KADER), Tulin Ozler from the Aegean Women's

Solidarity Foundation (EKDAV) and Fatma Kaya from the Adana Local Agenda 21

Towns Council Women's Solidarity Center spoke to bianet about the issue.

"The TCK draft should change"

According to Bilgutay, the decision of the Supreme Court of Appeals is a

product of the "male-dominated viewpoint", also present in the new TCK draft.

The following are the issues which the "TCK Women's Platform and Platform

Against Violence" will launch a campaign on:

* the article on killing a qualified person now also includes the "tradition"

killings. But, the term "tradition" does not always include honor killings.

* In the new TCK law, it will be up to the judges and prosecutors to decide

whether a virginity test is necessary or not. It is considered a crime to make

someone take a virginity test, but it is not a crime to conduct the test itself.

* The article on having a sexual relationship with non-adults will include

punishing up to two years in prison of persons having sex with someone of age

15-18, even with their consent.

* It is not considered a crime to discriminate against homosexuals. The

article on obscenity brings about heavy punishments without clearly

defining the term "obscenity."

Bilgutay: They look at women's bodies as commodities that belong to men

Bigultay gave the example of a person charged with honor killing in the province of

Urfa being sentenced to 136 years in prison. The family had also encouraged

that murder, she said, adding that open-minded judges make the right decisions even

under the current TCK.

"Forcing a girl, who has been raped, to take a virginity test would put

her through yet another trauma," said Bigultay.

She reminded that the TCK defines rape as "inserting any organ or object

anally, orally or into any part of the body without that person's consent."

"It should not affect the punishment whether the person lost her virginity

or not, or whether the victim is a virgin. But still, the law allows

virginity tests."

Bozoglu: The male-dominated mentality views being woman a crime

"The girls say they were raped, and the defendant confesses to his crime.

What difference would it make if the girls are still virgins?" asked Esin

Bozoglu from the Balikesir branch of KADER

Bozoglu said they had brought to the parliament's attention women's views,

criticisms and proposals on the TCK. But the lawmakers do not see women and

men as equals, she added. "We can change the articles but not the mentality. And

every article that has been changed is regarded as a huge favor to women."

"Those who make women take virginity tests should be punished"

Tulin Ozler from EKDAV and Fatma Kaya from the Adana Local Agenda 21

Women's Solidarity Center said every attempt on a girl's or woman's

body without her consent is against equality between men and women.

"We are against virginity tests in Turkey or anywhere else in the world," said

Ozler.

Kaya said virginity tests could cause women go through new traumas. "We

want virginity tests to be clearly outlawed and we want those who make women take

these tests and those who conduct the tests to be punished," she said.

(BB/EU)

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