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A move to set free child sex abusers: in the name of “our culture”

Recent law reform initiatives on sexual crimes against children in Turkey reveal the growing danger for women and girls, and the need to interrogate the myths and biases underlying the “our culture” discourse.

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Turkishprotest1.jpg
Turkishprotest1.jpg

Protest banner: "Withdraw the law clearing sexual assault"

Midnight of 17 November 2016, six MPs of the ruling Justice and Development Party (AKP) tabled a surprise motion that would amount to amnesty for perpetrators of sexual abuse of minors, who committed their crime before 16 November 2016 - if the victim marries the offender, and if the act is committed without “force, threat, or any other restriction on consent.  The motion was proposed as part of a draft bill to amend Article 103 of the Turkish Penal Code on sexual assault of children. With the votes of AKP MPs, the motion was included in the reform package as a “temporary” clause.

Protestors from all walks of life, particularly women’s organizations, went to the streets demanding its withdrawal. Critics argued that the motion is scandalous, particularly on two grounds. Firstly, the reference to “marriage” as a precondition for amnesty implies, given the illegality of same sex marriage in Turkey, that sex crimes against boys are punishable, while against girls they are admissible. This violates the equality principle of the Constitution and normalizes rape and forced marriage of girls. Secondly, by seeking consent of the child to the act, a blind eye is turned to the entrapment of the girl into a state of coercion and violence.