According to the news of Nagihan Yılkın from Cumhuriyet; Living in Izmir and having two boys aged 2 and 5, AK Party former District Youth Branch President R.Y. and N.Y decided to divorce.
Since there was no Family Court in Selçuk, the matter was transferred to the Criminal Court of First Instance. While the divorce process was continuing, N.Y applied to the prosecutor's office on the statements and movements of the 5-year-old boy after meeting with his father, and the rashes he detected in his anal area.
At the hearing held on March 24, 2021, N.Y's lawyers also presented the expert reports and pedagogue opinions proving that the father abused his 5-year-old child.
However, the court gave temporary custody of the child to the father, taking into account the social investigation report (SIR) prepared by the pedagogue who was directed by them.
He set certain hours on Saturdays as meeting hours for the mother and children to meet.
After the custody was given to the father, N.Y's lawyers objected to the decision.
In their appeal petitions, the lawyers demanded that the decision to grant temporary custody to the father be abandoned, and that the objection to the social examination report be accepted, considering the best interests of the child.
However, the court rejected these demands and gave a decision of non-prosecution.
ÖÇKD LAWYERS TAKED UP
Recently, Barış Özbay and Özgür Baykal, lawyers from the Children and Women First Association (ÖÇKD), took on the mother's case.
Speaking about the lawsuit process, lawyer Barış Özbay explained the situation as follows:
“Mrs. N.Y is in the process of divorce with her husband. While this case is ongoing, he filed a criminal complaint with the prosecutor's office alleging sexual abuse in 2020.
The Prosecutor's Office opened an investigation on the matter, but it is clear that there was a serious misfortune in the investigation, creating malicious intent. The father is someone who is in the AK Party district administration in the Selçuk district of İzmir. The prosecutor conducting the abuse investigation and the judge handling the divorce case are married. Statements are taken during the investigation, but the first forensic medicine report is not prosecuted because there is no finding regarding sexual intercourse.
In this process, although the child stated that he was abused with his own words, the status of the pedagogue appointed by the court is not included in the report, and even a situation is created against the mother. So much so that during the first investigation, the mother goes to the judge to present her abuse petition and is expelled from her room. During the court, he threatens the mother with giving her child to social services. However, it is alleged that the judge had an external meeting with the father.
CURRENT GIVEN TO THE ABUSED FATHER
Meanwhile, the father does not have custody, but an interim situation is allocated so that a personal relationship can be established. Because of this, redness is detected in the anal area of the child after the child's meeting with the father at the weekend. The mother goes to the prosecutor's office again immediately after the incident. The Prosecutor's Office requests a report from the Child Monitoring Center and an examination.
An examination is made about the incident and the child's statement is taken. Since the child tries to tell too much about his past experience, this time he withdraws into himself and does not want to tell the story. The forensic report is awaited, as he did not tell the incident and did not directly blame the father.
This was the process that got us into trouble. When I was involved in the investigation, I examined the file and saw that the opinions of experts and pedagogues were included in the previous process. However, a report from the forensic medicine was not received, the examination report was not included in the formation in written form and submitted to the prosecutor's file.
ABUSE PROVEN BY REPORT
Regarding the issue, I met with the prosecutor conducting the second investigation on Monday, and presented the visual data on sexual intercourse. They also said that this is the case. Based on this speech, the prosecutor accelerated the process in Izmir for the forensic report. As we expected, the forensic report containing the scientific data regarding the indisputable and very clear sexual intercourse reached the prosecutor's office. As a result, an arrest warrant was issued for the person. He was arrested last night by the Selçuk Criminal Judgeship of Peace.”
“MOMS DO NOT FEAR”
Mother N.Y, who said she had been fighting for about 2 years, demanded justice and used the following expressions: “I don't want this person to get the punishment that is really necessary, and I don't want him to walk around on the street.
I don't want my son to be raped by his father again. Not only my son, but the fact that these people are left outside means that thousands of children in the street are in danger of being abused.
If there is justice, I want justice to be applied to children and women in this country.
No mother should be afraid. Abuse is very heavy, it causes a lot of pain to mothers.
No mother should struggle with this without fear. I have been struggling with this for almost 2 years with my 2 children.
I had only my family with me, no one behind me.
“I FIGHTED FOR MY SON”
The whole party was behind him. Behind your father were judges, prosecutors and they closed the case. But I was not discouraged. I just fought for my son. Currently, my son is receiving treatment from two different places. I started my child's treatment without any financial support from anyone, only with the support of my family. No mother should be afraid of these perverts just because they do anything to me or my child. Let them be strong so that these scumbags understand that they cannot touch those innocent children.
Let them know that they do not burn the future of those innocent children; Let them not hurt or hurt their souls, bodies or souls. The laws work very poorly. Let them issue such deterrents that these perverted mentalities will know that the punishment for this is very severe. And mothers should know that neither they nor their children are guilty. If there's only one culprit, it's perverts. Let mothers not be afraid, let them fight without fear."