Petition for Defense Regarding Sexual Abuse Case

PETITION NO: 2024/MAIN-DEFENSE

TO THE PRESIDENCY OF THE HIGH CRIMINAL COURT OF ANKARA

CASE NO: 2023/... Main CASE NO: 2024/... Decision (Pending)

DEFENDANT SUBMITTING DEFENSE ON THE MERITS : BK (Turkish Republic Identity Number: …) (Address: …)

DEFENSE ATTORNEY: Attorney Aydanur NAS (Address: …)

PARTICIPANT (VICTIM): EY

SUBJECT: Our statements in response to the prosecution's opinion dated …/…/2024, and our defenses requesting the acquittal of our client in light of all the evidence in the file.

EXPLANATIONS:

Mr. President, Distinguished Members of the Board;

The defendant, BK, is a respected educator who has worked as a sports coach in the National Education system and the private sector for many years, has trained hundreds of students, has a successful professional career, and is married with two children. In the present trial, a public prosecution has been initiated against my client on the charge of "Sexual Abuse of a Child," and his punishment has been requested.

However, when the evidence included in the file from the investigation phase to the end of the prosecution phase, the witness statements, HTS records, and the Forensic Medicine Institute reports are evaluated as a whole, it is clearly seen that the accusation does not go beyond abstract, contradictory statements that are contrary to the ordinary course of life, and that the concrete facts proving the client's innocence have been ignored.

Although the prosecution argued in its opinion that the victim's statements were consistent and that the crime was proven, we, as the defense, cannot legally or morally agree with this assessment. As rightly stated in the source file, the significant contradictions in the statements of the victim and her relatives, and the conclusions inconsistent with the case file, cannot be used as the basis for a verdict. The defense arguments we will present below will demonstrate beyond a doubt that the alleged crime was not committed and that our client is a victim of slander.

I. IRREASSURABLE CONTRADICTIONS IN THE VICTIM'S STATEMENTS

 

In cases involving crimes against sexual integrity, the absence of witnesses is often a significant factor, making the victim's testimony a crucial piece of evidence. However, according to the established jurisprudence of the Supreme Court, for a victim's testimony to be considered valid, it must be "consistent, uncontradictory, and in line with the ordinary course of life." In the present case, however, the victim EY's statements changed continuously from the investigation to the prosecution phase, were enriched with fictional additions, and did not align with the material facts.

1. Contradictions Regarding the Location and Time of the Incident: In her initial statement to law enforcement, the victim, EY, claimed that the incident occurred on …/…/2023 in the locker room of the gym after training. However, as evidenced by the gym's logbooks and renovation reports submitted to the file by the defense, the gym was closed for "floor renovation work" on the dates in question, and entry and exit to the facility were prohibited. In this case, the victim made a false statement that does not correspond to the factual circumstances, claiming that she was abused in a closed facility.

When questioned about this contradiction, the victim changed her statement, declaring that the incident occurred "in the client's vehicle." This radical change in location and setting is far from sincere and is a product of an effort to maintain the accusation at all costs. The victim's confusion of the location of the traumatic event she claims to have experienced is the strongest indication that the incident is fabricated.

2. Contradictions Regarding the Nature of the Act: While the victim stated during the prosecution phase that the client "forcibly hugged and kissed" her, she claimed in court that he "removed her clothes and rubbed his genitals against her body." Months later, in her statement, the victim began to mention a much more serious act, "attempted sodomy," which she hadn't mentioned in her initial statement. If such a serious act had occurred, it would be contrary to the normal course of events for the victim not to mention it in her initial statement, given the immediate aftermath of the incident. This situation suggests that the victim, influenced by advice from others, aims to aggravate the accusation and threaten the client with a harsher punishment.

3. Contradictions Regarding the Involvement of Third Parties: The victim claimed that she told her closest friend, Witness S., about the incident and that S. knew everything. However, Witness S., who testified in court, stated, "E. never mentioned anything like this to me; I only knew that there was a problem between her and our coach, and that she was upset because she was removed from the team." The victim's account is not corroborated even by her own witness.

II. FORENSIC REPORTS AND PHYSICAL EVIDENCE CONFIRMING THE DEFENSE

The Forensic Medicine Institute report dated …/…/2023, included in the file, determined that no signs of beating, coercion, bruising, or sexual assault were found on the victim's body. The victim claimed that the client used force against her, squeezed her arms, and forcibly put her in the vehicle. However, the report does not contain any lesions to support these claims. Furthermore, although the report on the victim's mental health states that "her orientation to place, time, and person was complete," the victim's constant confusion about the time and place of the incident contradicts the medical data. It is impossible to report the psychological effects of a trauma that did not occur; indeed, the reports did not provide a definitive diagnosis of post-traumatic stress disorder, only noting subjective complaints.

III. DEVIATIONS FROM THE ORDINARY COURSE OF LIFE

In criminal proceedings, one of the most important factors influencing a judge's conscientious judgment is the principle of "the ordinary course of life." An examination of the case reveals a profound discrepancy between the alleged sexual abuse and the parties' behavior after the incident.

1. Post-Incident Communication and Interviews: The victim continued to attend the client's training sessions and maintained playful messaging with the client on social media even after the date she claims to have been abused. More importantly, just one week after the incident, the victim's family invited the client and his wife to their home for dinner, and the client accepted the invitation. The victim claims that her family was aware of the incident. Would a father or mother welcome a man they know sexually abused their daughter into their home and show him hospitality? This is completely contrary to Turkish social structure, family traditions, and human psychology. If the family knew, why didn't they react at the time? If they didn't know, why is the victim lying by saying "my family knew"? In both cases, the victim's statements have lost their credibility.

2. Call Records and Message Contents: The victim alleged that the client sent her sexually explicit messages and threatened her. However, the Expert Report and Call Records analysis included in the file revealed that the messages exchanged between the parties were limited to training times, match schedules, and sporting performance, using terms like "Coach" and "My Daughter," and remaining within the boundaries of a teacher-student relationship.The absence of any sexually explicit or threatening messages during the phone examinationrefutes the victim's claim that she was being harassed. Even though the victim claims the messages were deleted, no evidence of a crime was found in the operator records.

IV. REASONS FOR HOSTILITY AND SLANDER

In a criminal case, the question "why?" plays a key role in reaching the material truth. While the question "Why would a young girl lie, even at the risk of tarnishing her own reputation?" is frequently asked, as stated in Supreme Court rulings, adolescent psychology, feelings of revenge, and the desire to cover up failures can all pave the way for slander.

In this case, our client, BK, as a professional coach, removed the victim, EY, from the championship roster due to poor performance and undisciplined behavior. The victim could not accept this decision, felt humiliated in front of her teammates, and threatened our client, saying, "You will pay for this" (as confirmed by witness statements). Here,we have the profile of an athlete acting out of anger and resentment at being left out of the team. The victim orchestrated this scenario to take revenge on our client for her failure and to ruin his career.

V. LEGAL ASSESSMENT IN LIGHT OF THE CASE LAW OF THE SUPREME COURT OF APPEALS

The established jurisprudence of the Supreme Court of Appeals mandates the rigorous application of the principle that "the defendant benefits from the doubt" in sexual offenses. A victim's statement alone, not supported by corroborating evidence and containing contradictions, is not sufficient for conviction.

• The decision of the Turkish Supreme Court Criminal General Assembly dated December 10, 1990, numbered 1990/335, states: “Even an admission made during the trial cannot be accepted as conclusive proof on its own… The admission must be supported by corroborating evidence.”In our case, there is not even an admission; the client has been categorically denying the accusation from the beginning.

• The decision of the 5th Criminal Chamber of the Supreme Court of Turkey dated March 19, 2007, numbered 2007/2039, states: “Despite the act being repeated at multiple times, the victim never told anyone or filed a complaint… apart from the victim's statement that the rape was committed by force, no other conclusive and convincing evidence was obtained to convict the defendant…”This decision perfectly matches the situation where the victim continued her life normally after the incident, filed her complaint months later (after being dismissed from the team), and was unable to present physical evidence.

• The decision of the 14th Criminal Chamber of the Supreme Court of Turkey dated June 26, 2012, numbered 2012/7311, states: "...considering that, apart from the victim's inconsistent and contradictory statements, there was no conclusive and convincing evidence that the defendants committed the alleged crimes, contrary to their defenses, the decision to convict them instead of acquitting them necessitates reversal."

  There is an allegation, but there is no evidence to prove it beyond a reasonable doubt as required by law. The burden of proof cannot be reversed, and the accused cannot be asked to prove their innocence. The client's defense is consistent, supported by witness statements, and in line with the ordinary course of events. The victim's statements, however, are contradictory and inconsistent with the material facts of the world (location, time, report).

VI. CONCLUSION AND REQUEST

For the reasons stated and explained above, and in light of all the evidence in the file;

1. The victim EY's statements were constantly changing in terms of place, time, and manner of occurrence, were contradictory, and failed the reliability test.

2. Forensic reports found no physical evidence.

3. The relationship between the parties remained within the boundaries of teacher-student/coach-athlete, and no criminal elements were found.

4. The fact that the victim and her family continued to meet with the client after the incident, and hosted them in their home, are contrary to the normal course of life and refute the allegation.

5. towards the client due to being removed from the team and was motivated to spread slander.

6. According to the principle of "The benefit of the doubt goes to the accused" (In Dubio Pro Reo) , which is a fundamental principle of criminal justice , the accused cannot be held responsible for doubtful and contradictory circumstances.

Taking these factors into consideration;

I respectfully request, on behalf of my client, that the court ACQUIT my client, BK, of the charge of "Sexual Abuse," as there is no conclusive and convincing evidence beyond all reasonable doubt that he committed the crime. If the court is of the opposite opinion, I request that all legal provisions and mitigating circumstances in favor of the defendant be applied.

Defendant's Counsel Attorney Aydanur NAS