Sexual violence topic has been discussed in Turkey by the means of unfair court decisions during the recent years. Victims of sexual crimes complain about the judicial procedures being traumatizing and the processes resulting in exculpation or nolle prosequi. Despite the positive improvements in terms of sexual crimes with the amendments in Turkish Criminal Law in 2005, the reasons why the judicial processes and decisions are so controversial in public opinion, should be investigated. Feminist theoreticians believe that violence against women, especially sexual violence, which is based on patriarchy, is one of the means men use to dominate and exercise control on women. So it can be considered that, this problem is more political than juridical or criminal. So, the awareness of violence being the result of unequal relations between men and women, sexuality and the difference between sexuality and sexual violence being evaluated by a masculine view and that the judicial authorities cannot be free of those common social values; should be taken as an important starting point of these discussions. The article discusses the reasons of unfair and gendered comments, applications and evaluations executed for the sexual assault crime cases despite the legal improvements in Turkish Criminal Law while focusing on the elements of the crime.
Seher KIRBAŞ CANİKOĞLU
Ankara University Graduate Student of Institute of Social Sciences, Department of Women’s Studies