The Supreme Court found the sentence given to the defendant, who was tried for sexual abuse of 2 children in Denizli, to be low – denizlihaber.com

On July 29, 2013, in Yenişehir District of Merkezefendi district, the families of the girl and the boy, who were 4 years old at the time, filed a criminal complaint alleging that their neighbor M.O (32) had sexually abused their children, and MO was detained and arrested.

In the indictment, the public prosecutor requested that M.O be sentenced to a total of up to 60 years for the crimes of “qualified sexual abuse of a child” and “deprivation of liberty” for 2 children.

HE WAS RELEASED WHILE THE CASE CONTINUED

The indictment was accepted by the Denizli 1st High Criminal Court, and it was decided to release the defendant at the 5th hearing of the case in January 2014.

At the decision hearing of the case held in July 2017, the prosecutor stated in his opinion that the defendant M.O invited 2 children to his home under the pretext of playing games and sexually abused them, and that it was established that he committed the crime, taking into account the statements of the children and the reports and evidence prepared by the Forensic Medicine Institute. He demanded that he be punished for the crimes stated in the indictment.

In his defense in court, the defendant claimed that the children came to the house voluntarily and stated that he was innocent and asked for his acquittal.

The court board ruled that the defendant M.O should be sentenced to a total of 22 years and 6 months in prison for the crime of “qualified sexual abuse of a child” and acquitted both children for the crime of “deprivation of liberty”.

Antalya Regional Court of Justice 7th Criminal Chamber approved the sentence and the file was moved to the Supreme Court.

THE SUPREME COURT FOUND THE PUNISHMENT TO BE LOW

The 8th Criminal Chamber of the Supreme Court of Appeals has completed its appeal review regarding the case against the defendant MO, who was sentenced to a total of 22 years and 6 months in prison in the local court for “qualified sexual abuse of a child” against 2 children, and was acquitted of the crime of “deprivation of liberty”.

In the decision, it was stated that the children said that the defendant had committed some sexual acts with the children he invited to their homes under the pretext of playing games, that it was not compatible with the normal flow of life for the sexual details in the statements to be known by the age groups of the victims, and that the defendant’s ‘statements that the children had made up the incident’ would not be taken into account, on the contrary, the children’s statements would be taken into account.

In the decision, it was stated that there were reports that the mental and physical health of the children had deteriorated due to sexual assault and abuse, and considering that it cannot be said that the children wanted to go to the defendant’s house with their own consent due to their age, the defendant’s action of taking the children to his house for sexual purposes under the pretext of playing games deprived the person of his freedom by force, threat or deception. It was decided to overturn the verdict on the grounds that it also constituted the crime of deprivation, and it was requested that he be punished for the “crime of depriving a person of his freedom”.

The chamber decided to send the reversal decision to the relevant courts for a retrial.

The case will be heard in the 7th Criminal Chamber of the Antalya Regional Court of Justice on May 9.

HE WAS NOT ARRESTED EVEN THOUGH HE WAS PUNISHED

Lawyer of the victimized children, Fersu Ege Kandemir, stated that the Supreme Court’s decision renewed their faith in law and justice and said, “It was a very accurate and appropriate decision. We are waiting for the decision to be made in this hearing. However, if the case is transferred to other hearings, we will request the arrest of the defendant. “The days of walking around freely are over.” said.

Kandemir stated that, according to the children’s statements, this defendant invited these children, who were his neighbors, to his home with excuses such as making them pet birds in the park and playing computer games, and said, “The situations and actions that the children were exposed to, and the defendant’s reckless and brutal methods of satisfying his sexual desires on them, are disgusting.” “As we go into detail and think about what those babies were exposed to, we experience mental torture.” he said.

Pointing out that the defendant was released approximately 6 months after his arrest and that he was not arrested at the hearing where he was sentenced, Kandemir continued as follows:

“This person, who commits such a crime and commits acts against 2 small children that are contrary to human qualities and which we are ashamed of as a human being, is being quietly released without even completing 6 months. The victimized children have still not recovered from the physical and mental trauma they experienced at that time. “At the hearing, where the defendant was sentenced to 22 years and 6 months in prison, his arrest was not requested.”