Court of Appeals: Virginity as Essential Wedding "Qualification"

Upon the groom's claim that the bride "turned out not to be a virgin in the nuptial night" the Court of Appeals 2nd Judicial Office ruled for the annulment of the marriage, declaring that "the woman did not provide the necessary qualifications".

Lawyer Selin Nakıpoğlu Akın told bianet, "This decision enhances once more a male dominated state and judicial system". Akın continued that the arguments for the decision show that "women are seen as property". Moreover, the lawyer pointed out formal problems in the decision since oral statements of the husbands and other witnesses were counted as written evidence.

Women's 'qualification': "to be virgin..."

A newly wed husband from Bolu on the eastern tip of the Sea of Marmara filed a case against his wife to annul the marriage because in the wedding night he supposedly found out that she was not a virgin any more. Hereupon, the newly wed wife obtained a report from the local Obstetrics and Gynaecology Hospital proving her virginity and filed a divorce case against her husband.

After combining the cases, the Bolu Family Court rejected the husband's claim and accepted the woman's divorce claim. The case was brought to the Court of Appeals and the Family Court's decision was overruled. 3 of the 5 court members decreed for an annulment of the marriage and reasoned their decision as follows:

"Upon the collected evidence it is understood that the defendant respectively plaintiff woman appeared not to be a virgin in the wedding night. Thus, accepting the husband's case the rejection is ineffective, since the necessary qualifications of the women were not provided".

The 2 court members who objected the decision did not question the virginity. They based their objection both on the medical facts presented in the doctor's report, proving that "the defendant is still a virgin" and on statements given by witnesses.

"Violence against women becomes legitimized this way"

Akın said it has to be explained what the Court of Appeals meant with the term "qualification".

"They are justifying qualities on the side of the women as a reason for an annulment of the marriage. Then men kill their wives or girlfriends sheltering behind the same justification. After this men benefit from mitigation of punishment because of unjust provocation based on the same reasons again. Like this the chain of violence goes on", Akın warns.

"This kind of decisions taken by the high courts about a woman's body and her sexuality is directly connected to men putting women under pressure regarding their bodies, their sexuality and their honour. That is why this decision is not innocent, but a dangerous one. (YC/EÜ/VK)