Stopping sexual assault voids attempt

ANKARA - Anatolia News Agency

The Court of Appeal has reversed a decision by lower court that had charged convicts who attempted to rape a minor girl with “attempted aggravated sexual assault of a child.”

The Court of Appeal’s 14th Penal Department reversed the decision, electing to instead sentence the convicts for “simple sexual abuse of a child” because the convicts had not succeeded and “gave up the action with their own will.”

In 2009, two convicts, Erkan and Murat, attempted to sexually assault a girl under the age of 18 in Zonguldak. When the girl resisted and tried to defend herself, the convicts fled the scene of the incident without raping the girl. Zonguldak First Court for Serious Crimes heard the case opened against the convicts and decided on the charge of “attempt of aggravated sexual assault of a child” since their attempts were not successful. After the lawyers of the convicts appealed the decision, the Court of Appeal’s 14th Penal Department reversed the local court’s decision.

According to Article no. 35 of the Turkish Penal Code (TCK), in order to sentence convicts for attempted sexual assault, “it is required for the convicts to start committing the sexual assault crime but not to complete it due to reasons beyond their control,” the department said.