09.06.2026 18:40
The 29-year-old suspect, accused of kidnapping a 12-year-old girl in Diyarbakır for the purpose of marriage, was sentenced to 3 years, 1 month, and 15 days in prison not for aggravated sexual abuse of a child but for sexual intercourse with a minor. The court cited as the reason for the verdict that the girl's bone age was determined to be 16, and that it was not proven the suspect knew the victim was under 15 years old.
In Diyarbakır, Z.Ş. (29), who allegedly kidnapped a 12-year-old girl for marriage, was sentenced to 3 years, 1 month, and 15 days in prison for the crime of 'Sexual intercourse with a minor' in the trial.
The incident occurred on February 2, 2025, in the Peyas neighborhood of Kayapınar district. The 12-year-old girl ran away from home and disappeared with Z.Ş., whom she had met on social media about two years earlier. Her family filed a missing person report. While police launched an investigation, on February 6, Z.Ş. and the girl, having seen missing person posts about them on social media, surrendered at the Children's Branch Directorate. Z.Ş. was arrested and sent to prison on the same day after being brought before the court.
BONE AGE FOUND TO BE 16
In the first hearing of the case on June 12, 2025, held at the Diyarbakır 3rd Heavy Penal Court, reports in the file indicated that the girl's bone age was 16, while her official records showed her age as 12. The message records in the file noted that the victim wrote to the defendant that she would turn 18 in 5 months, and it was also determined that they had made plans to run away together.
In her statement, the girl said she had been in contact with Z.Ş. for about two years, asked him to kidnap her, left home with him, stayed in parks for 4 days, and did not file a complaint. The defendant Z.Ş. stated in his defense that the victim told him she was 16, later said she was 17, and mentioned she would soon turn 18, claiming they ran away together because they wanted to get married.
PROSECUTOR SOUGHT PENALTY FOR ABUSE
During the verdict hearing, the public prosecutor reiterated the opinion presented in previous sessions. The opinion stated that the victim was under 15 at the time of the crime, thus her consent could not be considered, and requested the defendant be punished for 'Sexual abuse of a child' and 'Deprivation of liberty'. The prosecutor also noted that it was established that the victim was with the defendant during the period she was missing.
COURT CHANGED LEGAL CHARACTERIZATION
The court, however, accepted that the defendant was mistaken about the victim's age. In the decision, it was stated that the defendant claimed he believed the victim was 17, and considering the message content in the file and the bone age report together, it was not established that he knew the victim was under 15. Therefore, the defendant was acquitted of the charge of 'Deprivation of liberty'.
DEFENDANT SENTENCED TO 3 YEARS, 1 MONTH, 15 DAYS IN PRISON
The court ruled that the defendant's act constituted the crime of 'Sexual intercourse with a minor' under Article 104 of the Turkish Penal Code, not 'Aggravated sexual abuse of a child'. The defendant was initially sentenced to 3 years in prison. Due to the act being committed more than once, the sentence was increased to 3 years and 9 months. After applying discretionary reduction, the defendant was sentenced to 3 years, 1 month, and 15 days in prison.
The parties were left with the option to appeal the decision before the Diyarbakır Regional Court of Justice.