The Effect of Evidence and Victim Statement in Sexual Offences
As is known, in the criminal procedure system, the rules of proof are the same for all crimes. Therefore, criminal proceedings are conducted in the light of the convictions stated in the criminal proceedings. Let us briefly mention them again;
· Presumption of Innocence: Presumption of innocence, guilt of the person to be proven upto It is a principle that implies the presumption of innocence.
· Principle of Investigation of Material Truth: The main purpose of criminal procedure is the disclosure of material truth. Material really intention is the knowledge of how the concrete event actually occurs, not in appearance, but in reality
· Principle that no one may be forced to make an incriminating statement against himself and his relatives (Nemo Tenetur Principle): In the Constitution m.38: No one can be forced to make a statement accusing him and his relatives shown in the law or to show evidence in this way
· The Accused of Suspicion Principle: Latin in dubio pro reo This principle is in the simplest sense If there is a slight hesitation that the defendant has actually committed the subject of the trial, the defendant should take advantage of this hesitation. According to this principle, no conviction should be made against anyone before the material truth has been fully reached.
In the light of the main principles which we have briefly mentioned above, in order to reach the conscientious opinion applicable in criminal procedure law, all doubts based on reasonable and reasonable grounds must be defeated in the light of all the evidence obtained.
On the other hand, due to difficulties in the elucidation of certain crimes, solutions are developed in practice that sometimes seem incompatible with the logic of jurisprudence. Crimes against sexual immunity are also This is at the top of the categories of crime.
In the case of sexual crimes, however, proof arises as a practice that takes precedence over the victim's statement, unlike the general principles of criminal procedure law, which we mentioned above. Sexual crimes in the Turkish Penal Code are as follows, and in these types of crimes there is a practice that prevails over the victim's statement and often leads to arrest at the investigation stage. These crimes;
- carnal crimes of assault (rape) (TCK m.102),
- carnal crimes of abuse (TCK m.103),
- Crimes of sexual harassment (TCK m.105),
- Crimes of sexual intercourse with minors (TCK m.104).
Sexual crimes are crimes that are usually committed between the victim and the perpetrator, often without witnesses. Therefore, in the decisions of the Supreme Court of Justice, the victim statement in sexual crimes is superior to other evidence in terms of proof.
Evidence Value of Victim Statement in Sexual Offences
The fact that sexual crimes often occur between only two people, the absence of witnesses to the incident, and the fact that technical means such as video recordings or audio recordings are rarely obtained as evidence of a crime is one of the most debated issues in the courts. However, the Supreme Court, with its established decisions, introduced certain criteria for proving the crime. If we refer to the criteria of the Court of Justice through the headings of the article;
- The fact that the victim is late in the complaint (time to voice the complaint)
- Communication between the perpetrator and the victim before the crime
- Contradictions in the victim's narratives
- Relationship history of the perpetrator and the victim
- Whether the statement corresponds to the usual flow of life
- Whether there is any relationship between the victim and the perpetrator
- Whether the victim uses this opportunity in cases where there is an opportunity to resist/ask for help
1. Time period for the complaining victim to voice the complaint: The Supreme Court states that the complainant must exercise the right to complain within a reasonable period of time. A reasonable period of time for the complaint may vary from event to event. For example, in the case of sexual abuse it is possible to complain even after 5-10 years, but in the case of sexual harassment, a few days, for example, 10-20 days can be considered a long time, for example, depending on the nature of the incident.
2. Whether there are any preconditions between the perpetrator and the victim: If the victim and the perpetrator know each other, it should be investigated whether there was any relationship between them based on the incident prior to the incident. If there is a prior agreement between the victim and the perpetrator, the statement that the victim has been subjected to sexual harassment, sexual assault or sexual abuse is not considered sufficient by the Supreme Court to prove it. However, it is necessary to rely on the statement of the victim if there are no preconditions between the parties. According to the court, the source of husbandry can be all kinds of human relationships. Any verb involving disagreement, argument, quarrel, tension, can be considered as the cause of discussion.
3. Whether the victim knows the accused: If the victim of the crime does not recognize the accused who allegedly committed the crime before the incident, the victim's identity and gender identity should be valued, indicating a specific person as the perpetrator of the sexual offense.
4. The victim's statements are consistent, consistent and non-contradictory to the ordinary course of life: According to the Supreme Court, the manner and story of the victim's narration of the incident must be consistent with the ordinary course of life. The victim's statement must be consistent with each other at all stages, be sincere, persistent and clear in such a way as not to leave any hesitation.Victim statements, which, according to the jurisprudence of the Supreme Court, vary in stages, which are clearly contrary to the usual course of life, cannot be credited. The victim's narratives, which vary in stages and contradict each other, eliminate the evidentiary value of the victim statement.
5. The victim statement should not contradict the technical evidence: The victim statement should not contradict some technical evidence, for example, the doctor's report with the forensic report. A victim statement that clearly contradicts the findings of medicine or other branches of science cannot be taken as a basis for a conviction. For example, although the victim says that the act took place 3 days ago, although the victim claims that the action took place a long time ago, it is also revealed by the report that the action took place through the actual livata, although it is revealed that an action does not occur through the actual livata...
6. The victim statement must be concrete: The victim's narrative must be based on concrete cases. The acquittal of the accused should be decided if the victim's statement is of an abstract nature, it does not describe the fact.
7. If the victim does not resist, ask for help or immediately tell third parties during the incident: It is considered an important aspect in terms of proof that the victim acted to resist or ask for help from the environment or immediately after the action to the people close to him and the statement of the victims who witnessed this narration and the coincidence of the victim's statement.
In the case of crimes that violate sexual freedom, as mentioned individually above, conviction sentences can often be established on the basis of only the victim's statement, in the absence of any other evidence. Therefore, in order not to cause a judicial error in the proceedings related to crimes against sexual immunity, it is necessary to test the reliability of the victim statement and establish its compatibility with the scope of the file with certainty.
In the case of crimes that violate sexual freedom, the victim or perpetrator must certainly contact an expert lawyer on this issue and we believe that he should act jointly with his lawyer at every stage of the trial. Because of its nature, it is extremely important to avoid loss of rights on the part of both the victim and the perpetrator and the healthier progress of the trial, since severe penalties will be faced.
The victim or perpetrator must first contact the lawyer or lawyers he wants. The person who will hire a criminal lawyer can work with a lawyer he trusts or, taking into account his professional knowledge and experience, can determine the person who best suits his interests. Despite this, people search the Internet for “best criminal defense attorney”, “best criminal defense attorney”, or “best lawyer”. Naturally, people do research in the hope of working with the best.However, it is not correct to make such a distinction here. Another aspect is that there is no separation of lawyers according to the district in which the court is located. That is, Esenyurt criminal lawyer Esenyurt criminal lawyer, Çağlayan Criminal Lawyer can handle criminal case in another district of Istanbul, Ankara or another city. The main thing is that it should be looked at whether he conducts the case he undertakes meticulously and with importance.