How to Combat Violence Against Women?

Altınbaş University Faculty Member Dr. Yeşim Yılmaz, provided information on the goals and practices of Turkish law regarding preventing violence against women and protecting women's rights. Dr. Yılmaz emphasized that the main goal is legal protection, but questioned whether Turkish criminal law provides sufficient protection against violence towards women.

Dr. Yeşim Yılmaz highlighted the importance of addressing domestic violence, especially violence within marriages, in the fight against violence against women. She stated, "Any non-consensual sexual behavior against the spouse within marriage should be considered a crime. In the current practice, until the divorce decision is finalized, the marital union and spouse status continue. Therefore, non-consensual sexual behaviors committed by a spouse who is either in the process of divorce or living separately do not constitute a crime unless they escalate to the level of rape. This unjust and inequitable practice leads to problematic results. Effective combat against domestic sexual violence is only possible by abandoning this erroneous practice."

According to Dr. Yeşim Yılmaz, the inadequacy of legal regulations often stems from discriminatory perspectives based on gender, and legal regulations alone are not sufficient to solve the prevalent issue of violence in society. Yılmaz emphasized the need for equal opportunities in education, stating, "Legal regulations will have limited impact unless the discriminatory perspective against women changes, and societal awareness develops."

Dr. Yeşim Yılmaz, based on scientific research, pointed out that sexual violence acts are often rooted in the influence of social structure rather than sexual impulses, deriving from the man's pursuit of power, anger, and authority. She mentioned, "Although cases of domestic violence have become more visible in recent times, especially with the influence of social media, they are not reflected in crime statistics to the same extent. Statistics remain in the dark due to women's reluctance to report sexual violence incidents to judicial authorities, even to their immediate surroundings, generally because of social pressure and fear."

Regarding marital rape, Yılmaz stated that it should be considered a crime, and individuals, even if married, should not become the sexual slaves of their spouses. She emphasized that nobody, even a spouse, can force another person into sexual relations without their consent. However, the acceptance of a certain weight as a condition for spouses and the notion that non-consensual sexual behaviors do not constitute a crime unless they reach the level of rape are problematic in terms of combating sexual violence within marriage.

Dr. Yeşim Yılmaz also discussed the different approach in judicial decisions regarding spousal sexual violence. She mentioned that the Court of Cassation (Yargıtay) accepted that the crime of violating a person's bodily integrity through sexual behaviors cannot be committed between spouses. Yılmaz emphasized that this acceptance leads to problematic results in combating sexual violence within marriage, and non-consensual sexual behaviors, regardless of whether they occur within marriage, should be punished based on the understanding of sexual freedom.

In conclusion, Dr. Yeşim Yılmaz emphasized the importance of changing societal perspectives and raising awareness to effectively combat violence against women, stating that legal regulations alone will not be sufficient until there is a change in the discriminatory outlook towards women in society.