ABSTRACT

Child sexual abuse is the most challenging type of abuse to detect. Moreover, there are difficulties in gathering evidence, apprehending, and prosecuting the perpetrator. The trial is often based on the contradiction of the suspect’s and the child’s statements. The aim of this study is to identify the difficulties encountered during the entire trial in cases of sexual assault against the child in Turkey starting from the investigation phase, to determine the auditability of taking a child’s statement, which is the basis of the judicial decision, and to evaluate the effectiveness of the principles set by the Supreme Court, which oversees the local court decision. It was determined that the trial was continued on abstract allegations, the Supreme Court’s approval of the decision of the local court was based on “the slander of a person who wants to harm another person over the sexuality of a minor is contrary to the usual flow of life.” Furthermore, the reason wassuggestive of subjective interpretations rather than material truths. This study, which is a master’s thesis, has been submitted to the Turkish Ministry of Justice.

摘要

儿童性虐待是最难发现的虐待类型。此外，在收集证据、逮捕和起诉肇事者方面存在困难。审判往往基于嫌疑人和孩子的陈述之间的矛盾。本研究的目的是确定从调查阶段开始在土耳其针对儿童的性侵犯案件的整个审判过程中遇到的困难，以确定儿童陈述的可审计性，这是司法决定的基础，并评估监督地方法院裁决的最高法院制定的原则的有效性。决定继续对抽象指控进行审判，最高法院批准地方法院的决定是基于“一个人想要伤害另一个人的未成年人的性行为的诽谤是违反正常生活的”。此外，原因是主观解释而不是物质真理的暗示。这项研究是硕士论文，已提交给土耳其司法部。