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RIGHTS > Sex consensual as rape victim didn’t scream, Turkish court rules

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Hürriyet photo

A court in the southeastern province of Diyarbakır has ruled that a rape victim had consensual sex with her assailant because she "did not scream” during the intercourse. 

E.B., a 40-year-old woman with mental disabilities, lost her husband in 2007 and had been living with her three mentally disabled children in a single-room shanty home in Diyarbakır's Ergani district when the district's deputy governor found out about her condition and placed her in care in 2009. E.B. was taken to a hospital for health examinations where it was discovered that she was eight months pregnant.  

E.B. and her 14-year-old son said she had been repeatedly raped by their 24-year-old neighbor, İbrahim T., for the past two years. 

The woman said she was too afraid to do anything about the ongoing rape. "When I said I did not want [to have sex with him], he said, 'I will kill you and your children if you refuse.' His family was wealthy, I couldn't say anything to anyone." 

A court arrested İbrahim T. after DNA samples that were taken from the baby girl E.B. gave birth to proved that he was the father. Prosecutors charged him with "coercion" and "numerous sexual assaults" and asked for a 17-year prison term. 

The court asked the forensics department to conduct a report on E.B. The report said she was 36 percent mentally disabled and that she could have fought to resist the rape but did not, meaning that the intercourse was consensual. Forensic officials based their report on the fact that E.B. did not scream while being sexually assaulted. 

The court convened on a day when its only female judge, Hatice Polat, was on leave and decided to release İbrahim T. after two years of arrest.

January/31/2012

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Colin Guest

2/19/2012 1:04:12 PM

This is really sick. the judge who must obviously be mad, should be immediately removed from the bench. This is certainly not justice, the man bo doubt used his influence to get away from being put in prison

Sara Phelps

2/15/2012 3:44:41 PM

This is absolutely disgusting and, while I disagree about everything associated with Rick Perry, it is something like this that gives him fuel for the fire for his comments regarding Turkey's questionable system. Ibrahim T. should be in prison.

Tomas Giovanni

2/7/2012 4:39:41 PM

Once again, Turkey is becoming more and more like their beloved Ottoman Empire - "right is might!"

Mickey Mouse

2/5/2012 12:07:25 AM

Ah yes, a corrupt Court system in Turkey. Really it is disgusting that people cannot get Justice. Perhaps what Turkey needs now is a revolution like the ones ion Tunisia and Turkey very very soon, then perhaps Justice can come with proper democracy.

Sally Kovacik

2/4/2012 2:36:27 PM

How loud and how long must a rape victim scream? And to think I was planning a visit to Turkey! Cancel that - Jordan is looking better and better.

mara mcglothin

2/2/2012 3:07:10 PM

B MEDIC That might have been true in the USA a decade ago, but with DNA testing and rape kits and prevalent education, it is not the case now. This is such an embarrassing thing for Turkey. Real men should stand up and protect these kind of people

B Medic

2/1/2012 11:48:24 PM

This sentence is bad and I am not defending the court at all, but sentences like this are common in all the Western World. Raped women have very poor rights in courts no matter where they come from.

Tracy Lockett

2/1/2012 2:37:31 PM

Tamer the woman is mentally challanged and her kids are disabled - what more proof do you need - what real man would do this???????????????????????

jd pomerantz

2/1/2012 1:55:31 PM

No Ruth, the judge doesn't need counseling - he needs a new job. May I suggest qadi?

Köksüz Kosmopolit

2/1/2012 1:11:46 PM

A decision like that ("it's not rape if she doesn't actively resist") would have been routine in the United States -- 20 or 30 years ago. Sadly, over the past 10 years, Turkey seems to be getting more, not less, like the US of a generation ago.
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