The Evidential Value of Victim Testimony in Sexual Crimes

1. Introduction

Sexual crimes are among the most sensitive types of crimes, both for victims and society. Due to the nature of these crimes, which are usually committed in closed spaces without witnesses, and the psychological trauma experienced by victims, the process of obtaining evidence is difficult. In criminal procedure , the principle of "the benefit of the doubt goes to the accused" necessitates conclusive and convincing evidence beyond any reasonable doubt for conviction. However, the limited availability of physical evidence in sexual crimes means that the victim's testimony becomes the most crucial piece of evidence

This situation requires a delicate balance between protecting victims and preventing wrongful convictions. In the practice of the European Court of Human Rights (ECtHR) and Turkish judicial systems, victim testimony alone can be accepted as evidence; however, for such testimony to be sufficient for conviction, sincerity, consistency, and conformity to the ordinary course of life must be evaluated.

2. Sexual Offences in the Turkish Penal Code

In the Turkish Penal Code, crimes against sexual inviolability are regulated under Articles 102 – Sexual assault , 103 – Child sexual abuse , and 105 – Sexual harassment

Turkish Penal Code Article 102 – Sexual assault: Punishes sexual acts committed using force, threat, or deception.
Turkish Penal Code Article 103 – Child sexual abuse: This covers sexual acts against persons under the age of eighteen; punishment is the principle regardless of consent.
Turkish Penal Code Article 105 – Sexual harassment: Sexual behaviors that disturb the peace and tranquility of the victim, even if they do not involve physical contact, are a crime.

These articles of the Turkish Penal Code are structured in such a way as to require direct reliance on the victim's statement as a means of proving the crime

3. Principles of Evidence in Criminal Procedure Law

In criminal proceedings, proof is established by presenting all evidence demonstrating that the defendant committed the crime. The burden of proof generally rests with the prosecution (Code of Criminal Procedure, Article 217).

Basic principles:

Freedom of evidence: Any evidence lawfully obtained may be used.
The principle of directness: The court hears and evaluates the evidence directly.
The defendant benefits from the doubt: If the evidence is not conclusive and convincing, an acquittal is granted.

Applying these principles is of particular importance in sexual offenses because evidence is often limited to the victim's statement.

4. Evidential Value of Victim Testimony

According to the established jurisprudence of the Supreme Court, a victim's statement alone may be sufficient for conviction. However, this acceptance is not absolute. Courts evaluate the reliability of the statement according to the following criteria:

Consistency: The victim's statements must not change throughout the trial.
Detail: The level of detail and realism in the description of the event.
Supporting factors: The existence of evidence such as medical reports, message logs, and witness statements.
Psychological appropriateness: The statement must be consistent with the victim's age, maturity, and the nature of the event.

The importance of victim testimony is emphasized in ECHR judgments, but it is stated that it must pass a "reasonable credibility test" in order to be sufficient on its own

5. Evaluation in Light of ECHR Judgments

The European Court of Human Rights emphasizes that in sexual offense cases, a balance must be struck between the protection of the victim and the right of the accused to a fair trial

MC / Bulgaria (2003): The court stated that the state has an obligation to conduct an effective investigation into sexual acts committed without the victim's consent, even if the victim did not offer physical resistance.
Y. / Slovenia (2015): The victim's statement alone may suffice; however, judicial mechanisms to test the reliability of this statement are essential.
Gäfgen / Germany (2010): Respect for the rights of the accused must be ensured during the evidence gathering process; otherwise, the conviction may be overturned.

According to the ECHR, preventing secondary victimization , i.e., avoiding re-traumatization, is essential in obtaining the victim's statement in sexual offenses

6. Supreme Court Decisions

1. Retraction of the Victim's Statement (Supreme Court 14th Criminal Chamber, 2018/6593)

The Incident: Immediately after the incident, the victim told witnesses that she had been sexually assaulted by the defendants; the witnesses saw her semi-naked. However, in a later statement, she claimed that she had consensual sexual relations with the defendants.
Evidence: Witness statements, forensic reports, and the victim's initial statements during the investigation.
Supreme Court's Assessment: It was accepted that the subsequent statements were aimed at exonerating the defendants, and that the initial statements were supported by evidence. It was determined that the defendants acted in a planned and coordinated manner.
Result: The acquittal was overturned, and a conviction was deemed necessary.

2. Consistency of Multiple Victim Statements (Supreme Court Grand Chamber, 2018/523)

Incident: Two women working at the same workplace reported that their supervisor sexually assaulted them on different occasions.
Evidence: Corresponding statements from the participants, complaint letter, and eyewitness accounts.
The Court of Cassation's assessment stated that the plaintiffs had no animosity towards defamation, that the statements were consistent, and that the delay in notification was reasonable due to the difference in location.
Conclusion: The defendant was found guilty of committing a series of sexual assaults.

3. The Victim's Immediate Reporting of the Incident (Supreme Court Grand Chamber, 2013/331)

Incident: The defendant, who is a judge, made sexually suggestive remarks and physically touched the victim when she came to his office to retrieve her identification after the hearing.
Evidence: The victim's consistent statements, her account to witnesses immediately after the incident, and witness testimonies.
Supreme Court's Assessment: It was determined that the defendant committed the crime of sexual assault by abusing his position of public office.
Result: The conviction was upheld.

4. Victim's Statement Without Grounds for Defamation (Supreme Court 14th Criminal Chamber, 2014/5039)

Incident: The suspect harassed the victim on the street, tried to force her into a vehicle, but fled when third parties arrived.
Evidence: The victim's consistent statement, identification report.
Supreme Court's Assessment: The victim has no animosity that would necessitate making false accusations; her statements are consistent.
Result: The acquittal was overturned, and a conviction was deemed necessary.

5. Abuse by a Stepfather Without a Favor (Supreme Court 14th Criminal Chamber, 2012/4772)

Incident: The defendant, the stepfather, made sexually suggestive remarks to the victim when they were alone.
Evidence: The victim's sincere and consistent account.
Supreme Court's Assessment: There was no motive for defamation, and the statements were reliable.
Result: The acquittal was overturned, and a conviction was deemed necessary.

6. Stalking and Harassment Incident (Supreme Court 14th Criminal Chamber, 2012/3116)

Incident: The defendant followed the victim to her home, gave her his phone number, and harassed her.
Evidence: Victim's statement, witness testimony, written documents.
Supreme Court's Assessment: The defendant's actions constitute the crime of sexual harassment; the acquittal is erroneous.
Result: The acquittal was overturned, and a conviction was deemed necessary.

7. Contradictory Statements and Hostility (Supreme Court 14th Criminal Chamber, 2019/9521)

Case: The victim alleged that the defendants, with whom she had a feud, sexually assaulted her.
Evidence: Contradictory statements, doctor's report, witness testimonies.
Supreme Court's Assessment: There is no conclusive evidence other than abstract allegations; the act falls under the category of intentional injury.
Result: The nature of the crime was incorrectly determined, the decision was overturned.

8. Delay in Filing the Complaint and Contradictory Statement (Supreme Court Grand Chamber, 2021/149)

The incident: Years after the event, the victim filed a complaint against the defendant for sexual assault.
Evidence: Contradictory statements, communication records, video recording.
Court of Cassation's Assessment: Due to the late filing of the complaint, the possibility of consent, and insufficient evidence, a conviction cannot be established.
Result: It was agreed that an acquittal was warranted.

9. Consistent Victim Statement and Defendant's Inability to Provide an Explanation (CGK, 2021/381 – 2022/466)

Incident: The defendant physically assaulted the victim at their workplace.
Evidence: Consistent victim statements, prompt reporting of the incident.
Supreme Court's Assessment: No animosity, statements are consistent, defendant made contradictory defenses.
Result: The act was proven, the conviction was upheld.

10. Consistency Between Contradictory Victim Statements and Defendant Defenses (CGK, 2022/399 – 2023/264)

The incident: The victim changed the details of the incident at different stages, while the defendant consistently denied it.
Evidence: Witness statements, the victim's conflicting accounts.
Supreme Court's assessment: Doubt should be interpreted in favor of the defendant.
Result: Acquittal.

11. Cases Where the Complainant's Statement is the Sole Evidence (Supreme Court 6th Criminal Chamber, 2022/15865 – 2024/9135)

Incident: The victim alleged that the defendant assaulted him and stole his money.
Evidence: Conflicting victim statements, evidence of animosity.
Supreme Court's assessment: There is no conclusive evidence other than abstract statements.
Result: Classified as intentional injury, case dismissed.

12. Complaint After Years (CGK, 2022/231 – 2024/270)

The incident: The victim filed a complaint of sexual abuse by the defendant 7 years later.
Evidence: Contradictory statements, consistent denial by the defendant.
Supreme Court's Assessment: Insufficient evidence, the principle that the defendant benefits from the doubt.
Result: Acquittal.

13. Acquittal in Cases of Same Gender (Supreme Court 9th Criminal Chamber, 2021/8479 – 2023/5937)

Incident: Alleged sexual assault between two men in prison.
Evidence: There is no firsthand knowledge from the witnesses, only the complainant's statement.
Supreme Court's Assessment: Abstract allegations are insufficient.
Result: Acquittal.

14. Expansion of Statement and Contradiction (Supreme Court 9th Criminal Chamber, 2024/6509 – 2024/9806)

The incident: In her initial statement, the victim mentioned two types of relationships, but later expanded on her statement.
Evidence: No DNA detected, contradictory statements.
Supreme Court's Assessment: The evidence contradicts the case file; the conviction is overturned.
Result: Acquittal.

15. Contradictory Statements During the Prosecution Phase (Supreme Court 9th Criminal Chamber, 2024/6902 – 2024/9386)

The incident: During the prosecution phase, the victim stated that the relationship was consensual.
Evidence: The defendant's defense, contradictory statements.
Supreme Court's Assessment: Abstract statements are not sufficient.
Result: Acquittal.

7. Problems and Criticisms in Implementation

The Problem of Testimony Alone Serving as Evidence: In practice, convictions can be based solely on the victim's testimony. This can create serious justice problems in cases of defamation or misunderstanding.
Secondary victimization: Repeated questioning of the victim leads to the reliving of the event.
Deficiencies in Evidence Collection: Inadequacies may be observed in stages such as crime scene investigation and the collection of digital evidence.
Social Prejudices: It is still a common problem for judges to make judgments based on the victim's behavior or clothing style.

8. Proposed Solutions

Victim testimony should be supported: Instead of relying solely on testimony, additional evidence such as medical reports, camera footage, and digital evidence should be investigated.
Taking Statements in a Single Session: In specialized units such as Child Monitoring Centers, statements should be taken only once.
Specialized Training for Judges and Prosecutors: They should receive training that includes knowledge of psychology, criminology, and trauma related to sexual crimes.
Raising Evidence Standards: The procedure for evaluating victim statements should be clarified in the Code of Criminal Procedure.

9. Conclusion

The issue of proof in sexual offenses is not only a legal matter but also a societal one. The balance between protecting the victim and the defendant's right to a fair trial is shaped by both ECHR case law and Turkish judicial decisions. A victim's testimony is important evidence; however, for it to be sufficient on its own, it be consistent, contain supporting elements, and be reliable. To ensure justice, a system must be built that both protects the victim and does not violate the presumption of innocence.

ECHR judgments, criminal procedure, sexual offenses, evidence evaluation, law of proof, victim statement, benefit of the doubt goes to the accused, Turkish Penal Code Articles 102, 103, and 105.

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