On September 23, in Beyoğlu, the trial of the defendants Ö.K. (27) and S.T. (31), who blocked the way of İremşan A. (25) walking on the street to go home, knocked her to the ground, and sexually harassed her, has begun. The hearing was held at the Istanbul 49th Criminal Court of First Instance, where the detained defendant Ö.K. and the defendants' lawyers were present. The lawyer from the Ministry of Family and Social Services also attended the hearing, while the detained defendant S.T. connected via the Audio and Visual Information System (SEGBİS). "I DID NOT APPROACH WITH BAD INTENT"The defendant S.T. stated in his defense that he did not know the complainant İremşan A. beforehand, saying, "I did not approach my friend with bad intent. I was out drinking with my relative Ö.K. at a nightclub on the day of the incident. I approached İremşan to help her." When the judge asked, "Did she ask you for help? Did she ask you for an address or was she carrying something?" the defendant S.T. replied, "At 4 in the morning, you never know, she is a woman after all." "I DID NOT ATTACK SEXUALLY"Continuing his defense, the defendant S.T. said, "I had lost my balance, and while losing my balance, I grabbed onto her, and we fell to the ground. I did not embrace the complainant with sexual intent. I would not engage in sexual abuse among so many people. Also, there was no kissing; I did not kiss her, and I regret it." "I DID NOT APPROACH WITH SEXUAL INTENT"The defendant Ö.K. stated in his defense that he met with S.T. because he did not know anyone in Istanbul, saying, "I was excited because it was my first time going to Taksim on the day of the incident. We went out after drinking at the nightclub and went to a mussel vendor. While we were at the mussel vendor, the complainant İremşan came and said, 'Can you order for me too?' I did not say a word; I just told the mussel vendor, 'Brother, give her some to eat.' Then S.T. and she started chatting. I walked ahead. When I turned around, I saw them coming towards me while chatting. I saw them go to the corner and fall to the ground. I did not approach with any sexual intent; I have a 2-year-old daughter. I did not approach with my honor and dignity on the line." STATED THAT SHE WAS NOT A COMPLAINANTIn court, the written statement of the complainant İremşan A. was read. In her statement, the complainant noted that the defendant Ö.K. had said something to her, but she could not remember, that he cornered her, did not let go, and held her, and that after she fell to the ground, bystanders intervened. She also stated that she did not want her family to learn about the incident and expressed that she was not a complainant against the defendants. PROSECUTOR: YOU SAID YOU DID NOT TOUCH, BUT YOU DIDDuring the hearing, security camera footage of the incident was shown. The prosecutor then addressed the defendant Ö.K., saying, "In the footage, you are touching the girl, pulling her by the arm. The other one is cornering her, and you are watching. You just said you didn't remember, but you said you didn't touch her, yet you did." The defendant Ö.K. replied, "I am not normally such a person; I am a person who is busy with my work. Don't I deserve one more chance? I really don't remember. I didn't even know if she was a girl or a boy." DECISION TO CONTINUE DETENTIONThe court, announcing its decision, stated that the defendants used force against the victim to commit sexual assault and that their actions did not cease of their own accord but ended with the intervention of bystanders, determining that the crimes of 'qualified sexual assault' and 'deprivation of liberty by using force, threat, or deception' had occurred. For this reason, the court ruled to send the case file to the competent Heavy Penal Court by declaring a lack of jurisdiction. Additionally, it was decided to continue the detention of the defendants S.T. and Ö.K. FROM THE INDICTMENTIn the indictment prepared by the Istanbul Chief Public Prosecutor's Office, it was stated that on the day of the incident, the complainant İremşan A. had gone out to her home after drinking at a nightclub around 4:00 AM, and while walking on the street, the suspects Ö.K. and S.T., whom she did not know beforehand, blocked her way and touched her shoulder. Although İremşan A. tried to escape, the suspects cornered her, during which S.T. grabbed the complainant's waist, made contact with her body, stroked her hair, and did not let go, even knocking her down and getting on top of her. It was noted in the indictment that the other suspect Ö.K. was keeping an eye on the surroundings, and when people nearby witnessed the incident, they intervened and removed the suspects. In the prepared indictment, it was requested that the suspects Ö.K. and S.T. be sentenced to a total of 10 years and 6 months to 30 years in prison for the crimes of 'deprivation of liberty' and 'simple sexual assault' against a person who is unable to defend themselves physically or mentally.
|