The Supreme of Appeals, the highest judicial authority in the country, reversed a local court's ruling that the mental health of a minor was affected by the rape she suffered and ordered the re-evaluation of an expert report on whether she was really affected. The verdict was obviously related to determining the severity of the prison term for the defendant as the local court ruled out a reduction in the sentence. However, since it would pave the way for similar rulings, it will likely lead to an outcry on the treatment of victims and defendants in cases involving the sexual abuse of children.
A committee of experts from the Forensic Medicine Agency looking into the sexual abuse case in the western city of İzmir, ruled the victim's psychological state was affected. Four members of the committee voted to that extent while three others objected to the evaluation that the victim was traumatized by the abuse. The court increased the sentence of the defendant based on the report. However, the Supreme Court of Appeals overturned the verdict, on the grounds that it was not a unanimous decision, thus, the examination of the psychological state of the victim may not be accurate. This means that the victim will undergo further tests to see whether she was traumatized by the sexual assault.
The verdict comes two weeks after a prosecutor called for a reduction for the sentence of a defendant accused of sexually abusing three children in Diyarbakır. The prosecutor had claimed three girls, all 14, consented to sexual intercourse. The court did not rule on that case yet.
