09.09.2025 15:58
A 42-year-old man, M.T., has been charged with sexual assault against his 19-year-old relative with a mental disability in Adana, facing a potential sentence of up to 18 years in prison. In his defense at the court, he stated, "I was sleeping. I am detained for something I did not do." The court panel decided to continue the defendant's detention and ordered an inspection of the crime scene, postponing the case.
On December 5, 2024, in the Baklalı neighborhood of the Sarıçam district of Adana, it was alleged that G. G. S. (19), who has a mental disability, was called to an olive grove by her relative M. T. (42) while she was putting the sheep in the barn.
"I WILL KILL YOU," HE SAID, AND COMMITTED SEXUAL ASSAULT M. T. told the young girl who came to him to take off her clothes, and when the young girl refused this request, he threatened, "I will kill you here." After the frightened young girl took off her clothes, M. T. sexually assaulted her. He then told her to put her clothes back on and sent her home. After the young girl explained the situation to her mother T. S., the mother went to the police and filed a complaint against M. T.
Following the mother's complaint, M. T. was arrested, and the second hearing of the case opened at the Adana 7th High Criminal Court for the crime of 'qualified sexual assault against a person who cannot defend themselves' was held. The defendant M. T. and the lawyers of the parties attended the hearing. The presiding judge stated that the report prepared by the Istanbul Forensic Medicine Institution regarding the victim had arrived.
Defendant M. T. IT WAS DETERMINED THAT THERE WAS MILD INTELLECTUAL DISABILITY DURING THE EXAMINATION In the examination of the victim G. G. S., it was stated that mild intellectual disability was detected, and it was noted that "Upon reviewing the case file, it was understood that the events had been ongoing for 3-4 years, and when this intellectual disability identified by our institution is evaluated together with the age of the victim at the time of the incident, it is of a nature and degree that would prevent the victim from perceiving the legal meaning and consequences of the incident and from resisting the act psychologically. Therefore, it is unanimously concluded that G. G. S. would not be able to comprehend the legal meaning and consequences of the act she was a victim of on 12/05/2024 (according to the indictment), and that her existing intellectual disability may not be immediately apparent to those who are not medical professionals but can be understood by those who know her well and through repeated consultations, and her statements should be taken into account."
"HE SAID, 'IF YOU DON'T BELIEVE ME, I WILL SHOW YOU MY FOOTPRINT'" Witnesses were then heard. Witness E. S. stated that he was a relative of both the defendant and the victim and described the events as follows: "I want to state that I am not taking sides; I am just saying what I saw. In the morning, I, T. S., H. S., E. S., S. U., and A. T. started making bread together at around 4:00 AM. M. T. came around 8:30 AM, ate some of the bread, and left. At around 12:30 PM, I received a call on my phone from T. S.'s phone, and it was G. G. S. When my phone rang, I handed it to her mother T. When I answered the phone, I could hear the girl's voice, and she was crying. The mother told the girl to 'go to your father,' and then we asked T. S. to go to G.'s side, and T. called me over and said, 'let's go together,' and told me that M. T. had harassed G. I asked, 'Are you sure?' Later, I went with T. to G.'s side. G. told me about the incident. She said that M. T. had harassed her. I immediately called M. T. but he did not answer. When I tried to call M. T. again, G. locked herself in the room, did not make a sound, and was scared. Later, I called M. T.'s wife A. T. and asked her to come to us. When G. told A. T. that M. T. had harassed her, A. T. said, 'I have never seen such a thing in 15 years,' and did not accept it. Later, I told A. T. to bring M. T. to us. A. T. brought M. T. to us. I told G. to 'tell M. what you told us.' When G. explained, M. T. said, 'I didn't do such a thing, what do you expect from me?' When G. started crying and having a fit, I asked M. T. to leave. G. then said, 'If you don't believe me, come and I will show you my footprint,' and showed us her footprint. Since the ground was dirt, I saw the footprint. The place was behind the house. There was no fence where we went. The place we went is behind T. S.'s house. I told T. and A. 'I am outside the incident; you two women talk as two families.' A. T. asked T. S., 'What are we going to do?' T. S. said she would go to the hospital and file a complaint. A. T. said, 'I have two daughters, I have animals.' T. got angry and said, 'I will spit on your property,' and left. Later, we went to the police station. I don't know if G. has a constant constipation problem," he said.
"SHE DOESN'T LIE BECAUSE SHE IS NOT THAT SMART" When the defendant's lawyer asked the witness why they felt the need to look at the footprint, the witness replied, "G. doesn't lie. Because she is not that smart. G. told us, 'If you don't believe that I was harassed, come and I will show you the footprints.' M.'s wife was also with us."
"I HAVE BEEN MARRIED FOR 15 YEARS; MY HUSBAND WOULD NOT DO SUCH A THING" The defendant's wife A. T. was also heard as a witness. Denying the allegations, A. T. stated that she did not see her husband commit sexual assault against G., saying, "I have been married to my husband for 15 years. I have never seen such a thing from him. He doesn't go anywhere without me; wherever he goes, he takes me and the children. On the day of the incident, we were making bread. My husband came to us, drank tea, and ate some bread. About half an hour later, he left us. G. told her mother that my husband had raped her. But he was hanging around with us. How can someone who has been raped hang around with us? I have been married for 15 years; my husband would not do such a thing. I asked my husband, and he said, 'I swear I didn't do anything.' I know G. has a constipation problem. Her mother said she was constipated and that she gave her constipation syrup," she said.
"HTS RECORDS PROVE HE WAS IN THE OLIVE GROVE" The victim's lawyer Şirin Şeyma Bulut stated that they do not accept the statements of the defendant's wife. Emphasizing that the HTS records prove that the defendant was in the olive grove for a long time, Lawyer Bulut said, "As can be understood from the forensic report, G. has an intellectual disability, so it is impossible for her to lie. G.'s statements are clear and definite. There is no medical history regarding her constipation. We request that the defendant be punished to the maximum extent and that the detention order be continued."
"I WAS SLEEPING" Defendant M. T. stated that he did not accept the allegations against him in the witness statements. Reiterating that he was sleeping at the times of the alleged incident, M. T. said, "I was sleeping. My wife came and woke me up, and then we went to the police station together. I am detained for something I did not do," and requested his release.
The defendant's lawyers also stated that the victim's statements were contradictory, saying, "We believe that an expert report should be obtained regarding whether the result that emerged during the examination was due to sexual intercourse or due to constipation."
However, we request that reports from SGK regarding whether the victim has a constipation issue and the medications they are using be obtained, and we renew our request for an inspection to be conducted, taking into account the testimonies heard. We also request that a decision be made for the release of our client, considering the duration of their detention.
COURT DECISION FOR ON-SITE INSPECTION The court panel decided to continue the defendant's detention and to conduct an inspection at the scene. The hearing was postponed to a later date to request reports from SGK regarding the medications used by the victim and to address any deficiencies.