Turkey Must Rethink Child Abuse Law

Lawyer Seda Akco of the Istanbul Bar Association has evaluated Turkey's policy on child abusers in the light of the recent controversy in France, where a freed child abuser raped a child of Turkish origin.

Akco does not believe that increasing the sentences for sexual abuse will prevent such abuse from happening. According to the lawyer, "This is an issue to do with the control of a drive. Punishment does not improve that person's life. Just like with drug addictions, treatment must be offered."

Turkish Penal Code deals with sexual abuse of children, but...

Commenting on legal provisions concerning the sexual abuse of children in Turkey, Akco said: "The Turkish Penal Code has prepared a special article concerning the sexual abuse of children. This article deals with the sexual abuse of children by adults, but at the moment it also includes sexual experimentation between children."

Akco criticises the article for not being precise enough; if a crime is committed under this article, these crimes have to be dealt with effectively and without violating human rights.

Priority is to protect children

"Our actual aim is not to keep people in prison longer, but to protect children, to create alternatives that provide social peace. Rather than the length of a sentence, judgement strategies and the execution of decrees are more important."
A problem with the article is that "up to fifteen years of age, all sexual activity is considered sexual abuse. As soon as a child is over 15, it is not counted as abuse, even if it was forced through threats, deception or affecting the will of the child. This is important in cases like incest."

Another problem is the fact that sexual activities between children who are close in age are interpreted as sexual crimes.

Akco condemns "child marriages"

In general, Akco believes that there is confusion about sexuality and children in Turkey. He gives the example of "child marriages": "Approving of early marriages is incongruous with condeming the sexual abuse of children." (NZ/AG)