A ridiculous decision in the raw meatball shop! Despite the confession, the perverts were acquitted.

In Kocaeli, a prosecution was announced regarding two defendants who were tried for sexually assaulting a 20-year-old girl with a 50% mental disability. The court panel decided to acquit the defendants, citing the lack of definitive and convincing evidence.

TOOK A NAKED PHOTO IN THE TOILET OF THE KEBAB SHOP

According to the information obtained, in September 2021, M.A., who was 20 years old and had a 50% mental disability, went to Izmit Bus Station at night with her 6-year-old brother to meet F., whom she had met through social media. When F. did not come to the bus station, M.A. went to the kebab shop across the bus station with her brother. It is alleged that while M.A. was in the toilet, D.D. (58), who was working in the shop, followed the girl, sexually assaulted her, and took a naked photo of her. Later, D.D. called his boss M.D. (51) to the shop while he left the place. It was claimed that M.D., who was left alone with M.A., also sexually assaulted the girl.

ARRESTED AND RELEASED

After the incident came to light, both suspects were taken into custody. The suspects, whose statements were taken, were arrested and sent to prison. After a while, the defendants were released. The trial regarding the incident continued at the Kocaeli 3rd High Criminal Court. The defendants M.D., D.D., and their lawyers attended the hearing without being in custody. The defendants denied the charges and requested their acquittal. In the prosecutor's opinion, when evaluating the victim's statements in the file, the defendant's confessions, the Forensic Medicine Institution report, and the message records exchanged between the defendants, it was stated that defendant D.D. committed the crime of violating the privacy of the victim's private life by taking naked photos of her, and that he also committed the crime of sexual assault by touching the victim's breasts and forcing her to touch his sexual organ.

ACQUITTED

It was stated that the other defendant M.D. had a forced sexual relationship with the victim without her consent and committed the crime of sexual assault. The prosecutor requested that D.D. be sentenced to 5 to 10 years for "Simple sexual assault" and 1 to 3 years for "Violation of privacy." It was also requested that M.D. be sentenced to 12 to 20 years for "Qualified sexual assault." The court panel decided to acquit the defendants based on the principle of "in case of doubt, the defendant benefits," stating that there was no definitive and convincing evidence that the defendants committed the crimes charged against them.

THE DEFENDANTS CONFESSED IN THE FIRST HEARING

Defendant D.D. stated in his defense at the first hearing, "I did not have any sexual act towards M.A. I did not know that the victim was mentally ill. I do not know if anything sexual happened between M.A. and M.D. M.A. was trying to provoke me by taking off her clothes twice. I dressed her in the bathroom twice, but I decided to take her photo because I was concerned about her last actions. I took the victim's photo with her consent as evidence. We do not have any prior acquaintance with the victim."

"WE HAD SEXUAL INTERCOURSE WHEN SHE PROVOKED ME"

M.D., who stated that he did not know M.A. before the incident, said, "On the day of the incident, I found the victim sitting in front of the shop; I do not know her beforehand. D.D. told me that they would come to pick up the girl in an hour. When I was about to leave the shop to go home, M.A. told me, 'Don't go, stay here.' I said I had to go home, but when she insisted, I stayed for a while. During the time we were together, she provoked me; I tried to stay away, but when she continued to provoke me sexually, we had sexual intercourse. After that, I left, leaving the shop key behind. Before leaving, M.A. asked me for some money. I gave her money. I did not know that the victim was mentally ill. The incident happened this way. I request my acquittal and release," he stated.