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RIGHTS > Man who raped daughter with Down syndrome gets reduced sentence

ISTANBUL

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Hürriyet photo

Lawyers and nongovernmental organizations have reacted angrily after the Supreme Court of Appeals reduced a sexual abuse sentence against a father convicted of raping his own daughter on the grounds that the girl had remained a virgin even though she had aborted the fetus.

"This decision has ruined every attempt we have made to prevent the legitimization of these kinds of incidents," Liz Amado, head of the Women's Human Rights Association, told daily Akşam.

The incident was revealed after the then-14-year-old victim, who suffers from Down syndrome, went to the hospital to undergo abortion four years ago. Blood tests revealed that it was 99.99 percent likely that the father of who her unborn child was her own father.
 
The victim was immediately transferred to relevant authorities, where she confirmed that her father had had intercourse with her.
 
A local court sentenced the father to 15 years in prison for sexual abuse. The high court, however, recently overruled the decision, claiming that the "the victim's hymen is not suitable for intercourse and that she is still a virgin."
 
The high court stated that "only sexual abuse through penetration” necessitated a heavier sentence, whereas "basic sexual abuse" did not.
 
Public, mother reacts to the decision
 
The mother quickly divorced the father once news of the rape became public, but the victim reportedly failed to understand what had happened due to her mental challenges.
 
The victim's attorney, Hünkar Demir Çelik, said the decision was "unacceptable."
 
"I will request that the local court insist on its prior decision," Çelik said. "It is a known fact that only birth will undoubtedly break the flexible hymen."  
 
Çelik further stated that if high court gets its way, the father will only serve five years in prison.
 
 
Amado said the case was not unique in its ruling and that similar misjudgments had been given before.

August/12/2012

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READER COMMENTS

illawarrior hill

8/16/2012 5:42:48 AM

The girl was impregnanted - surely this involved penetration!!! At least the mother acknowledged the barbarity of the crime perpetrated on her innocent daughter.

George Smily

8/16/2012 5:07:38 AM

I amnot sure what males me more discusted; the father raping his own mentaly deficient child or the "High Court " moral and medical dicision based on their own immoral judgment. In the long un, no sin remains unpunished.

Agnes Smith

8/14/2012 12:53:25 PM

Horrendous- how can any citizen feel safe with a supreme high court such as this. The story should be about protecting minors, metally challenged and women in general from the crazy backward and filthy advances of men. 5 years.... and probably out in 3 to have his evil way again with an unsuspecting child - or even his own again. What the hell has the hymen or virginity have to do with Paedophilia?

michele suzanne

8/14/2012 4:25:13 AM

@american american ..... what is "good to know?"

michele suzanne

8/14/2012 4:02:19 AM

"Basic sexual abuse?" .... "It is a known fact that only birth will undoubtedly break the flexible hymen." I'm at a loss ... would someone kindly explain?

mara mcglothin

8/13/2012 5:01:47 PM

SAme old same old in Turkey! Really, who is even shocked by this?????? The AKP is all talk and backward mentality. Nothing really changes.

B12

8/13/2012 4:26:52 PM

It doesn't get any more sick than this does it? Castration is the only solution for these disgusting men. It really makes my stomach churn. What on earth is the Justice system playing at. Never mind the culprit, but these nutters sitting in Judgement need to be barred from presiding over anything other that a tea party!

Slavomir Ogurcak

8/12/2012 7:45:34 PM

Incredible! What kind of disgusting people sit in the court?!

john albay

8/12/2012 7:02:29 PM

This prevert should be hung from the next tree in public,he is a disgrace to the human race.

HDNblogger

8/12/2012 6:25:36 PM

Sickening, disgusting, perverse.
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