Turkey’s Constitutional Court Strikes Down Law Making Sex With Girls Under 15 Sexual Abuse

Like many Muslim countries, Turkey has a long and troubling history of child brides and arranged marriages. Some Islamic clerics have maintained that there can be no age limitation on child brides. They often note that Muhammad married Aisha when she was seven and consummated the marriage at nine years old.Just as Pakistan recently struck down its protection for girls from such abuse, the Turkish Constitutional Court annulled a provision that punishes all sexual acts against children under the age of 15 as “sexual abuse.” It is a major set back for girls and women in Turkey and another example of how the Islamic fundamentalists have taken over this once secular country under the authoritarian rule of our ally Turkish president, Recep Tayyip Erdoğan.

A lower court insisted that the law is flawed for failing to distinguish between a four-year-old and a fourteen-year-old girl. Most people would find that distinction hard to stomach, but we have seen child brides as young as six in Muslim countries. The lower court also insisted that “consent” must be considered as a defense for girls between the ages of 12 and 15.

Recently, the same members annulled a provision that imposed at least 16 years of imprisonment in cases of child rape for the same reasons.

The vote was a close one: 7-6. However, with Erdoğan taking over every aspect of Turkish government and life, it is doubtful that the courts will remain divided in the future. Erdoğan has demanded that courts, journalists, teachers and every other profession adhere to his views at the risk of arrest.

International conventions treat 18 are the age of majority. International groups have condemned the decision as reinforcing the practice of child brides and the six dissenting members have called the ruling a cause for “public indignation.”

In the meantime, the Erdoğan regime has continued its demands that other countries shutdown media critical of the president or Turkey. It has officially protested stories in Western media on the stripping away of these laws protecting young girls. Erdoğan has been empowered in his efforts to silence the media after Angela Merkel caved into his demands that a comedian be charged for insulting him. Erdoğan has also been encouraged by the Obama Administration’s continued support even as he has rounded up critics, shut down media, and impose Islamic rules on the population.