Why the proposed law change in Turkey could 'grant amnesty to child rapists'
The country's ruling party is said to be considering legislation that campaigners fear will 'grant amnesty to rapists'
Turkey’s main opposition and activists are warning that the country’s ruling party may introduce a bill to allow men who marry or have sex with underage girls to avoid prosecution or jail time.
The Republican People’s Party (CHP), along with Socialists, Democrats and Greens at the Council of Europe, issued a joint statement on Wednesday, arguing that Turkish President Recep Tayyip Erdogan’s ruling Justice and Development Party (AKP) is working on legislation that would effectively allow men who sexually abused children to get amnesty by marrying their victims. It is understood that a bill will be introduced in a matter of weeks.
"We are deeply concerned that the [AKP] is poised to introduce a new law granting amnesty to rapists as long as they marry their victim,” the statement read.
“The bill bears the immense risk of legitimising child marriage and statutory rape, as well as child abuse and sexual exploitation."
People can legally marry in Turkey at the age of 18 but are allowed to do so at 17 with the consent of their parents, or at 16 with the permission of a court
According to UNICEF, 15 percent of girls are married by the age of 18 in Turkey, putting it higher than the 7 percent average for countries in East Asia and the Pacific, as well as the average of 11 percent for those in Eastern Europe and Central Asia.
The CHP’s vice president for human rights Gökçe Gökçen said the government believes men who are jailed for marrying underage girls are being victimised by the law and are not committing crimes because they believe the girls have consented to the marriages.
“They do not think the real problem is the child abuse or raping of children. But they think that they should protect families but the problem here is that this is not about protecting families,” Gokcen said.
“There is no consent when it comes to children, according to us. But they think this is consent.”
No text for the bill has been provided to parliament but Gokcen said that MPs from her party said the bill was being discussed within the ruling AKP. Local reports said the government was working on an amnesty bill, but did not specify which crimes would get amnesty.
Politicians and human rights advocates claimed the AKP was using pro-government media to push the idea of legalising child marriages to gauge public sentiment on the issue before introducing it to parliament.
Gokcen feared a bill could be pushed through last minute in a late-night session, and suspected the proposed law could either drastically decrease the sentence of a man found guilty of abuse or give him a pardon.
”The child abusers are not the real victims here. The real victims are the girls, [the] children, who are forced to marry their rapists,” she said.
The AKP declined The Daily Telegraph’s request for an interview, stating that it was too early to provide an opinion on a draft law.
Sixty-three bar associations in Turkey issued a statement in December condemning child marriages and amnesty to perpetrators, stating that they sexualise children and increase the risk of violence against women. UNICEF states that child marriage in Turkey reflects gender inequality in society and hurts the educational opportunities and health of girls.
Child marriage has been hotly debated since the government tried to introduce a bill in 2016 that would allow sexual abusers to avoid jail time if they married their victims.
The Supreme Court has increasingly dismissed cases of child marriage in the last few years, according to human rights lawyer Deman Guler.
Guler blamed the increasing conservatism and Islamic bent of the government under Erdogan for such cases, arguing that the court has become politicised and is trying to make the public more accepting of child marriages.
"When they go before the court, the perpetrator says ‘Ok, I didn't know the age, and now we are a family. We have a baby. Please forgive me.' And they say, 'Ok'," Guler railed.
The CHP argues child marriages increase the risk of rape and would teach abusers that they can assault children without punishment.
The AKP tried to pass a similar law in 2016 that would let men who sexually abused girls avoid being sent behind bars if they got married. The government argued that men who were unaware of the legal age of marriage were being jailed and children were being left without fathers.
The Nationalist Movement Party (MHP), which is in a parliamentary coalition with the AKP, called the 2016 bill “an amnesty for rapists” that needed to be dropped. The bill was withdrawn after public outrage and warnings from the UN.
The general secretary of the Turkish NGO We Will Stop Femicide, Fidan Ataselim, said the government is trying to bring back the failed proposal.
“They’re still trying to justify, in a way, the sexual abuse of underage children. And those abusers say those children had consented and how is this possible? They cannot give consent.”
According to the NGO, there has been a steady increase in violence against women in Turkey, with 474 women murdered by men in 2019. Opponents of legalising child marriage say it will legitimise the sexual exploitation of children, increase domestic violence and marital rape, as well as entrench the deep gender inequality already found in Turkey. The World Health Organisation says 38 percent of women in Turkey will experience violence from a partner, compared to 25 percent in Europe.
CHP's Gokcen warned that providing amnesty to adults who married children will teach perpetrators that they can assault children and get away with it.
"It will probably open more doors to abusers," she said.
The country's ruling party is said to be considering legislation that campaigners fear will 'grant amnesty to rapists'
Turkey’s main opposition and activists are warning that the country’s ruling party may introduce a bill to allow men who marry or have sex with underage girls to avoid prosecution or jail time.
The Republican People’s Party (CHP), along with Socialists, Democrats and Greens at the Council of Europe, issued a joint statement on Wednesday, arguing that Turkish President Recep Tayyip Erdogan’s ruling Justice and Development Party (AKP) is working on legislation that would effectively allow men who sexually abused children to get amnesty by marrying their victims. It is understood that a bill will be introduced in a matter of weeks.
"We are deeply concerned that the [AKP] is poised to introduce a new law granting amnesty to rapists as long as they marry their victim,” the statement read.
“The bill bears the immense risk of legitimising child marriage and statutory rape, as well as child abuse and sexual exploitation."
People can legally marry in Turkey at the age of 18 but are allowed to do so at 17 with the consent of their parents, or at 16 with the permission of a court
According to UNICEF, 15 percent of girls are married by the age of 18 in Turkey, putting it higher than the 7 percent average for countries in East Asia and the Pacific, as well as the average of 11 percent for those in Eastern Europe and Central Asia.
The CHP’s vice president for human rights Gökçe Gökçen said the government believes men who are jailed for marrying underage girls are being victimised by the law and are not committing crimes because they believe the girls have consented to the marriages.
“They do not think the real problem is the child abuse or raping of children. But they think that they should protect families but the problem here is that this is not about protecting families,” Gokcen said.
“There is no consent when it comes to children, according to us. But they think this is consent.”
No text for the bill has been provided to parliament but Gokcen said that MPs from her party said the bill was being discussed within the ruling AKP. Local reports said the government was working on an amnesty bill, but did not specify which crimes would get amnesty.
Politicians and human rights advocates claimed the AKP was using pro-government media to push the idea of legalising child marriages to gauge public sentiment on the issue before introducing it to parliament.
Gokcen feared a bill could be pushed through last minute in a late-night session, and suspected the proposed law could either drastically decrease the sentence of a man found guilty of abuse or give him a pardon.
”The child abusers are not the real victims here. The real victims are the girls, [the] children, who are forced to marry their rapists,” she said.
The AKP declined The Daily Telegraph’s request for an interview, stating that it was too early to provide an opinion on a draft law.
Sixty-three bar associations in Turkey issued a statement in December condemning child marriages and amnesty to perpetrators, stating that they sexualise children and increase the risk of violence against women. UNICEF states that child marriage in Turkey reflects gender inequality in society and hurts the educational opportunities and health of girls.
Child marriage has been hotly debated since the government tried to introduce a bill in 2016 that would allow sexual abusers to avoid jail time if they married their victims.
The Supreme Court has increasingly dismissed cases of child marriage in the last few years, according to human rights lawyer Deman Guler.
Guler blamed the increasing conservatism and Islamic bent of the government under Erdogan for such cases, arguing that the court has become politicised and is trying to make the public more accepting of child marriages.
"When they go before the court, the perpetrator says ‘Ok, I didn't know the age, and now we are a family. We have a baby. Please forgive me.' And they say, 'Ok'," Guler railed.
The CHP argues child marriages increase the risk of rape and would teach abusers that they can assault children without punishment.
The AKP tried to pass a similar law in 2016 that would let men who sexually abused girls avoid being sent behind bars if they got married. The government argued that men who were unaware of the legal age of marriage were being jailed and children were being left without fathers.
The Nationalist Movement Party (MHP), which is in a parliamentary coalition with the AKP, called the 2016 bill “an amnesty for rapists” that needed to be dropped. The bill was withdrawn after public outrage and warnings from the UN.
The general secretary of the Turkish NGO We Will Stop Femicide, Fidan Ataselim, said the government is trying to bring back the failed proposal.
“They’re still trying to justify, in a way, the sexual abuse of underage children. And those abusers say those children had consented and how is this possible? They cannot give consent.”
According to the NGO, there has been a steady increase in violence against women in Turkey, with 474 women murdered by men in 2019. Opponents of legalising child marriage say it will legitimise the sexual exploitation of children, increase domestic violence and marital rape, as well as entrench the deep gender inequality already found in Turkey. The World Health Organisation says 38 percent of women in Turkey will experience violence from a partner, compared to 25 percent in Europe.
CHP's Gokcen warned that providing amnesty to adults who married children will teach perpetrators that they can assault children and get away with it.
"It will probably open more doors to abusers," she said.
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