Sunday, November 6, 2011

Turkey and Rape

The appellate courts in Turkey just managed to outrage the people of the world, thus proving that they are the equal of any judicial system in the world. Turkey changed it's rape laws to include what essentially amounts to a statutory rape provision for girls and boys under the age of 15. This evidently does not matter to the Turkish courts who decided that the older rape law should apply to the 26 men who raped a 13 year old girl. The court justified this decision by arguing that the new statute did not take effect until 2005 whereas the older statute was in effect at the time of the initial accusations in 2002. For their part the courts have said that this is simply a matter of Turkish law and that it is out of their hands. The Union of Turkish Bar Associations has a different and contradictory view. So ensues a classic clash between the letter of the law and the spirit of the law. This ruling can be appealed. What should the Turkish courts do? Is it appropriate for the judicial system to bow to societal pressures when the law of the land may be contradictory to those pressures? Did the courts make the appropriate ruling given the current laws of Turkey?

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