Claim For Moral Compensation By The Victim’s Parents For Sexual Assault
JUDICIARY 4th LAW CHAMBER E. 2015/6894, K. 2015/7301, T. 03.06.2015
* COMPLAINT FOR MANUAL COMPENSATION BY THE VICTIM’S MOTHER AND FATHER FOR SEXUAL ASSAULT ( Sexual Harassment is Forced – Considering that the Defendant’s Action is not Based on Consent, It Will Constitute an Attack on the Personal Rights of the Plaintiffs’ Mother and Father / The Defendant Will Be Responsible for Compensation )
* MOM AND FATHER’S CLAIM FOR MENTAL INDEMNIFICATION (Considering that the Sexual Harassment of their children is not based on consent, it will constitute an attack on the personal rights of the plaintiffs’ mother and father – the defendant should be held responsible for compensation)
* PERSONAL COMPENSATION FOR ATTACK ON PERSONAL RIGHTS (Request for Moral Compensation by the Mother and Father of the Victim of Sexual Assault – The Case Will Be Accepted That the Action of Sexual Harassment is Forced and Not Based on Consent)
6098/m. 58
SUMMARY : The lawsuit is about the claim for moral damages based on the act of sexual assault.
It is claimed that the act of sexual harassment was forced. Considering that the defendant’s action is not based on consent, the defendant should be held liable for compensation in terms of the aforementioned plaintiffs by adopting that it will constitute an attack on the personal rights of the plaintiffs’ father and mother. It is not correct to reject the request in terms of the plaintiff mother and father.
LAWSUIT : At the end of the trial held by the court upon the request for non-pecuniary damages based on the tort of sexual assault by the plaintiffs H. and others against the defendant M. with the petition given on 01/03/2012; The Supreme Court of Appeals examination of the decision dated 04/12/2014 on the partial acceptance of the case was requested by the plaintiffs’ attorney within the time period, and after the acceptance of the appeal petition was decided, the report prepared by the examining judge and the papers in the file were examined and discussed:
DECISION : 1-) According to the writings in the file, the evidence on which the decision is based and the reasons in accordance with the law, especially since there is no inconsistency in the evaluation of the evidence, the appellate objections of the plaintiffs other than the scope of the following paragraph should be rejected.
2-) As for the other appellate objections of the plaintiffs;
The lawsuit is related to the claim for moral damages based on the act of sexual assault. The court decided to partially accept the lawsuit; the judgment was appealed by the plaintiffs.
From the scope of the file, it is understood that the claims of the plaintiffs’ parents and siblings were rejected on the grounds that they were not the direct victims of the tortious act.
It is alleged that the defendant committed the act of sexual harassment against the plaintiff N. by force. In this case, considering that the defendant’s action is not based on consent, the defendant should be held liable for compensation in terms of the said plaintiffs by adopting that it will constitute an attack on the personal rights of the plaintiffs’ father H. and mother S.. The court’s rejection of the request in terms of the plaintiffs’ mother and father was not deemed correct and required a reversal.
CONCLUSION : It was unanimously decided on 03.06.2015 to DISMISS the appealed decision for the reasons explained in subparagraph (2) above; to reject the other appellate objections for the reasons explained in the first subparagraph and to return the prepaid fees upon request.