'Solution is to eliminate reactionary forces'

soL news interviewed with lawyer Müjde Tozbey Erden who is known to have advocated many abused children and women in Turkey. Erden says the people should say 'no' to the Justice and Development Party in order to get rid of child molestation and sexual abuse
Wednesday, 29 March 2017 07:14

soL news interviewed with lawyer Müjde Tozbey Erden who is known to have advocated many abused children and women in Turkey. Erden is living and performing her profession in the eastern city of Van, where the rate of abused victims escalates.

Lawyer Erden answered the questions of soL News on several lawsuits, the Turkish legal system that victimises children and women under the rule of the Justice and Development Party (AKP).

Responding the question about her recent legal struggle which resulted in punishment of a sexual abuser teacher, lawyer Erden said: "This lawsuit was followed by my colleague lawyer Deniz Işık; when the abuser teacher was released during the trial, I also got involved in the lawsuit in order to act in solidarity with the victim children and my colleague. The lawsuit is still continuing at a high criminal court."

‘CHILDREN OVER AGE OF 12 TREATED AS WOMEN’

In answer to the question about the exact definition of child abuse, while 650 children suffer from sexual abuse every month in Turkey, Erden said: "According to the Turkish Penal Code, children are divided into two groups, above 12 and under 12, in the definition of sexual abuse. The limit of the age of 12 is critical since the Constitutional Court concluded last year, setting forth that the punishment of anyone who has sexual intercourse with a 14-year-old girl with her consent should be different from the punishment of anyone who has sexual relation with an 8-year-old girl. Therefore, the age limit was reduced from 15 to 12, and children above 12 have been treated as if they are adult women."

"Child molestation is the sexual violation of immunity of a child. All planned sexual acts point to the crime of sexual abuse whether the performance of sexual abuse is carried out by inserting an organ or instrument into a body or leads to the loss of virginity. The latter increases the punishment, not the quality of the crime.”, Erden underlined the definition of child molestation.

AMBIGUOUS DEFINITIONS OF MOLESTATION AND SEXUAL ABUSE IN TURKISH LAW

Lawyer Müjde Tozbey Erden continued: "The laws do not clearly define the difference between molestation and sexual abuse. The two acts are often confused, thus abusers are released considering that the crime of sexual abuse is not performed since the loss of virginity is searched for abuse."

"Yet another negative point in laws is that the age limit is reduced to 12, therefore, the crimes remain in impunity when the consent of the children above 12 is sought for or when such children do not file a complaint. This situation means that the abuser is able to abuse children, persuade the parents of the child with ‘bride price’ and use the child as his ‘property’, Erden briefed the situation in Turkey.     

Talking about widespread child marriage in Turkey, lawyer Erden said: "The Constitutional Court concluded in recent years that the ban on religious marriage limits the people’s freedom, putting forth that the people are free to carry out religious marriage ceremonies in accordance with their religious beliefs. This led to religious marriages prior to civil marriage, resulting in a marriage of an abused child under the age of 12 with her rapist through a religious ceremony."

‘SOLUTION IS TO SAY NO TO AKP AND ELIMINATE REACTIONARY FORCES’

In answer to the question regarding the fact that the AKP government withdrew a law draft, which would leave abusers unpunished since it was confronted reactions from the society, lawyer Erden said: "The law draft withdrawn by AKP is just the tip of the iceberg. The State, which should protect all children under the age of 15, evaded responsibility, leaving alone the children who would not comprehend the sexual abuses against themselves."  

"First of all," Erden said, “the reactionary forces that further strengthened with the AKP government, and reactionary ethic values and rules objectify and commoditize women and children. Therefore, it is necessary to eliminate this reactionary medieval-era mindset, and to say ‘no’ to AKP.”, Erden stated her views regarding the solution of the problem. 

Responding the question whether the government is able to prevent child abuse, lawyer Müjde Tozbey Erden referred to the scandalous statements from the AKP cabinet when it became apparent that dozens of children were raped continuously at a pro-government religious education center (Ensar Foundation): "The statement by the Minister of Family and Social Policies, 'one-time occurrence of such a situation should not be used to discredit Ensar's contributions to society’, reflects the AKP’s approach to child abuse."

Erden concluded: "Therefore, child abuse cannot be prevented under the rule of AKP; contrarily, it will never diminish but gradually escalate. We should say ‘no’ to the AKP’s mindset, darkness, abuses and rapes. Otherwise, the struggle could not be launched."