Outrage over AKP motion said to let abusers avoid prosecution if they marry child victim

Men guilty of sexually abuse of children may avoid being prosecuted if they get married to the victim, according to a controversial motion proposed by members of the ruling Justice and Development Party (AKP) that has been harshly criticized by opposition parties.

In cases of sexual abuse of children committed before Nov. 16 "without force or threat," if the perpetrator marries his victim the sentence will be postponed or the execution of the offence will be adjourned, according to the draft. 

Under the present civil code, marriage under the age of 17 is prohibited. The marriage of children aged 16 is subject to court action, while according to the criminal law a public case is opened automatically for all sexual offenses against children 15 years old and under.

Hospitals and schools are obliged to notify the authorities of early marriages upon learning of such cases, such as if an underage girl goes to hospital to give birth. As public cases are currently opened automatically when the girl is 15, the male responsible is tried for sexual abuse regardless of their age.

Justice Minister Bekir Bozdağ said on Nov. 18 that such early marriages are "common," and around 3,000 men are currently in prison due to the current law. 

"The courts only consider the age and give sentences of 16 years regardless of circumstances. They do not consider whether the underage marriage has happened with or without the consent of the traditions of the families," he said.

The 49-article draft amending the code of criminal procedure was issued in parliament at night session on Nov. 17. The article passed but the bill did not receive a majority vote, meaning the articles have not been validated yet. The assembly will gather to vote on the...