A 5-year-old girl was sexually assaulted after her pants were pulled down! The court's decision, which sparked outrage, came after a request for 30 years in prison.

It is claimed that the defendant, who appeared before the judge with a request for up to 30 years in prison, allegedly harassed his neighbor's 5-year-old child while playing in Gaziosmanpaşa, and his request for arrest was rejected.

On January 14, 2024, Durdane Y. left her 5-year-old daughter H.N.Y. and her 7-year-old son İ.M.Y. with her neighbor Arzu K. to play. Arzu K., who was taking care of the children, left the house with her own child after a while, leaving the three children at home to go grocery shopping. Ali D. (70), who was at home with the children, allegedly approached 5-year-old H.N.Y., pulled down his pants, and began to molest her with his hand. After the victim left the house crying and later told her family about the incident, the victim's family filed a complaint against Ali D.

The investigation initiated by the Istanbul Chief Public Prosecutor's Office was completed, and an indictment was prepared. In the indictment, it was requested that Ali D. be sentenced to a total of 13 to 30 years in prison for the crimes of 'sexual abuse of a child' and 'deprivation of liberty of a child.'

DEFENDANT APPEARED BEFORE THE JUDGE

Regarding the incident, Ali D. appeared before the judge at the Istanbul 37th High Criminal Court. The defendant Ali D. and his lawyer attended the first hearing via the Audio and Visual Information System. The victim H.N.Y. participated in the court from the Judicial Interview Room, while the complainant family was present in the courtroom with their lawyer Mehmet Emin Yolcu.

OPINION ANNOUNCED AT THE FIRST HEARING

During the hearing, the public prosecutor presented his opinion on the merits, stating that the complainant mother Durdane Y. temporarily left her children H.N.Y. and İ.M.Y. at the house of her friend Arzu K. on the day of the incident, and after Arzu K. went to the market, the defendant Ali D., who is the father, touched the victim H.N.Y.'s private area by putting his hand inside her pants and rubbing it.

PROSECUTION REQUESTED ARREST

In the announced opinion, it was noted that there was no animosity or reason that would require the defendant to be falsely accused, and that the defendant's defenses were contrary to the ordinary course of life. In the opinion, it was requested that the defendant Ali D. be sentenced to a total of 13 to 30 years in prison for the crimes of 'sexual abuse of a child' and 'deprivation of liberty of a child,' and that a decision be made for the defendant's arrest.

REQUEST FOR ARREST REJECTED

The court, announcing its interim decision, ruled to continue the judicial control measure of 'signing once a week' applied to the defendant Ali D. and to reject the request for arrest at this stage. The panel also ruled that the defendant's daughter Arzu K. would be heard as a witness at the next hearing and adjourned the trial.

MOTHER REACTS TO THE DECISION

After the hearing, mother Durdane Y. made a statement in the courthouse square, stating that when she returned home after leaving her children, her daughter told her that she had been molested, saying, "When I called my neighbor to inform her of the situation, she said to me, 'They are making false accusations, let’s close the case.' I went to the police after listening to my daughter, we called the police, and we went to give our statements this way. We want justice. We will ensure justice, hopefully. We want a decision for arrest."

The family's lawyer Mehmet Emin Yolcu stated in his remarks, "In line with our requests for the defendant's arrest, the prosecution requested the defendant to be punished and arrested in its opinion. Unfortunately, the court panel did not accept this request for arrest. We will submit our objections to a higher court within two weeks against this decision," he stated.