Turkish Penal Code Articles 278-280

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Questions and Answers

Evaluation of pregnancy risk and urgent contraceptive drugs is performed solely by a pediatrician at CAC.

False (B)

There are four Child Advocacy Centers (CACs) located in Istanbul.

True (A)

Child and adolescent psychiatrists at CAC help assess the risks of physical disorders in children.

False (B)

Social workers at CAC organize home visits to assess the child's needs in their environment.

<p>True (A)</p> Signup and view all the answers

Protective and supportive measures for abuse survivor children prioritize providing care and shelter outside their family environment.

<p>False (B)</p> Signup and view all the answers

A person can be sentenced to imprisonment for up to two years for failing to report an offence in progress.

<p>False (B)</p> Signup and view all the answers

The penalty for failing to report an offence is increased if the victim is a child or a pregnant woman.

<p>True (A)</p> Signup and view all the answers

Public officers found guilty of failing to report an offence can receive a sentence ranging from six months to three years.

<p>False (B)</p> Signup and view all the answers

Anyone who delays in reporting an offence as a public officer can face a penalty similar to someone who fails to report immediately.

<p>True (A)</p> Signup and view all the answers

Members of the medical profession are exempt from reporting offences if they discovered them outside of their professional duties.

<p>True (A)</p> Signup and view all the answers

The sanction for a medical professional who fails to report an offence can be up to one year in prison.

<p>True (A)</p> Signup and view all the answers

The Juvenile Protection Law is meant to strictly punish juveniles who have committed crimes.

<p>False (B)</p> Signup and view all the answers

Judicial law enforcement officers face a penalty that is increased by one half if they fail to report an offence.

<p>True (A)</p> Signup and view all the answers

CACs aim to reduce the number of testimonies abused children have to give during the forensic process.

<p>True (A)</p> Signup and view all the answers

Forensic interviews at CACs are conducted in a manner that is often leading and unsupportive.

<p>False (B)</p> Signup and view all the answers

Before the establishment of CACs in Turkey, children could testify up to 20 times about their abuse experiences.

<p>False (B)</p> Signup and view all the answers

CACs provide professional services at all hours, including weekends.

<p>True (A)</p> Signup and view all the answers

Forensic mediators are responsible for conducting the preliminary interviews with children at CACs.

<p>False (B)</p> Signup and view all the answers

A child's consent is not required for forensic examinations that take place in Turkey.

<p>False (B)</p> Signup and view all the answers

CACs are only available during business hours and do not provide round-the-clock services.

<p>False (B)</p> Signup and view all the answers

Forensic interviews in CACs are recorded to collect evidence for the forensic process.

<p>True (A)</p> Signup and view all the answers

Consultancy measures provide guidance primarily for juvenile education and development.

<p>True (A)</p> Signup and view all the answers

The education/training measure requires juveniles to attend an educational institution only as day students.

<p>False (B)</p> Signup and view all the answers

Care measures are implemented when the responsible caregiver is unable to fulfill their duties.

<p>True (A)</p> Signup and view all the answers

Health measures include treatments for juveniles with addictive substance issues.

<p>True (A)</p> Signup and view all the answers

The shelter measure is aimed solely at single individuals without children.

<p>False (B)</p> Signup and view all the answers

Following a notification in sexual abuse cases, the Emniyet Çocuk Şube directly takes the child victim to court.

<p>False (B)</p> Signup and view all the answers

The forensic interviewer in sexual abuse cases operates in a room with audio and video recordings.

<p>True (A)</p> Signup and view all the answers

A family member is notified regardless of their status as a suspect in sexual abuse cases.

<p>False (B)</p> Signup and view all the answers

The best interests of the child must always be considered last in actions concerning children.

<p>False (B)</p> Signup and view all the answers

The Child Protection Law accepts the protection of the child's interests as a fundamental principle.

<p>True (A)</p> Signup and view all the answers

Assessing the best interests of a child involves evaluating all necessary elements for making a decision regarding a specific child.

<p>True (A)</p> Signup and view all the answers

Privacy measures ensure that a child's identity can be disclosed during legal proceedings.

<p>False (B)</p> Signup and view all the answers

Children's decision to disclose sexual abuse is solely determined by their age and development.

<p>False (B)</p> Signup and view all the answers

An account of abuse given spontaneously by a child is generally considered truthful and accurate.

<p>True (A)</p> Signup and view all the answers

Confidentiality in procedures related to children ensures information is shared broadly.

<p>False (B)</p> Signup and view all the answers

The principle of best interests of the child is derived from Article 3 of the UN Convention on the Rights of the Child.

<p>True (A)</p> Signup and view all the answers

Children are often afraid to disclose abuse due to fear and shame.

<p>True (A)</p> Signup and view all the answers

Open-ended questions can be answered with a single word.

<p>False (B)</p> Signup and view all the answers

The seating distance during an interview should be between 30-50 cm.

<p>False (B)</p> Signup and view all the answers

It is essential to avoid personal curiosity during a child's narration of events.

<p>True (A)</p> Signup and view all the answers

Closed-ended questions require detailed explanations.

<p>False (B)</p> Signup and view all the answers

It is beneficial to ask 'why' questions when interviewing a child about abuse.

<p>False (B)</p> Signup and view all the answers

Children are often more accurate with their statements when prompted with leading questions.

<p>False (B)</p> Signup and view all the answers

The interviewer's sincerity and positive regard are important for establishing trust.

<p>True (A)</p> Signup and view all the answers

Flashcards

Failure to Report Ongoing Crime

A person who fails to report an ongoing crime to the authorities.

Failure to Report Completed Crime

Failing to inform authorities about a crime that has already occurred, but where limiting the consequences is still possible.

Increased Penalty for Vulnerable Victims

The penalty is increased for failing to report a crime when the victim is a child, mentally or physically disabled person, or a pregnant woman unable to defend herself due to her condition.

Failure to Report by Public Official

A public official who fails to report an offence they are aware of during their duty.

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Increased Penalty for Law Enforcement Officer Failure

The penalty is increased for public officials who delay or fail to report a crime committed by another law enforcement officer.

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Failure to Report by Medical Professionals

A member of the medical profession who fails to report a crime that they become aware of during their professional duties.

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Who are Medical Professionals?

The law applies to a range of individuals, including doctors, dentists, pharmacists, midwives, nurses, and any other healthcare workers.

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Purpose of Juvenile Protection Law

The aim of this law is to protect children who need assistance, including those at risk of committing crimes.

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Child Advocacy Center (CAC)

A specialized center providing comprehensive care to child victims of abuse, including medical evaluation, legal support, and psychological counseling.

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CAC Medical Team

A team of healthcare professionals at CAC consisting of a pediatrician and two nurses who handle medical assessments, provide emergency contraception, diagnose sexually transmitted infections, and administer necessary vaccinations.

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CAC Social Work Team

A team of social workers at CAC who assess the social needs of families and victims, conduct home visits to observe the child's environment, and connect them with appropriate services.

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CAC Psychiatry Team

A team of child and adolescent psychiatrists at CAC who assess the child's mental health status, address potential psychological issues, and provide trauma-informed therapy.

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Protective and supportive measures

Prioritizing keeping the child safe within their own family environment through measures like counseling, education, healthcare, and shelter, before exploring other options, like foster care.

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What is a Child Advocacy Center (CAC)?

A specialized center that provides comprehensive services to child sexual abuse victims.

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What is the main goal of a forensic interview in a Child Advocacy Center?

A key function of CACs is to minimize the number of times a child has to recount their abuse experience. This is done by conducting a single, structured interview that is recorded for later review.

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Who conducts forensic interviews in CACs?

These interviews are conducted by trained professionals who create a safe space for the child to share their experience.

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What is the method used in forensic interviews?

The interview process follows a structured format to guide the conversation and collects valuable information to assist in the investigation.

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What is the main benefit of the 24/7 service provided by CACs?

A crucial aspect of CACs is providing 24/7 services for immediate support to child sexual abuse victims.

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What happens if a forensic examination is required for a child sexual abuse case?

Forensic medical examiners perform physical examinations of victims, documenting any signs of abuse, if needed.

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What is the child's role during the forensic examination?

The examination is conducted with the child's informed consent and is a crucial step in the investigation.

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How does a Child Advocacy Center (CAC) assist children who have experienced sexual abuse?

CACs aim to provide a coordinated and holistic approach to addressing child sexual abuse by bringing together medical, legal, and social work professionals.

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Best Interests of the Child

In all matters related to children, their best interests must be prioritized.

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Child's Privacy in Legal Proceedings

Protecting a child's privacy by keeping their identity confidential throughout legal processes.

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Child's Disclosure of Sexual Abuse

A child directly telling a trusted adult about sexual abuse they have experienced.

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Truthfulness of Spontaneous Abuse Disclosures

A child's spontaneous account of abuse is generally considered truthful.

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Factors Influencing Child Disclosure

A child's decision to disclose abuse can be influenced by various factors.

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UN Convention on the Rights of the Child

The Convention on the Rights of the Child emphasizes protecting children's best interests in all actions concerning them.

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Child Protection Law

The Child Protection Law prioritizes the safety and well-being of children.

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Confidentiality of Child Information

Carefully collecting, using, and storing confidential information about a child.

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Consultancy Measure

A measure aimed at providing guidance to caregivers on child-rearing practices and helping juveniles solve problems related to their education and development.

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Education/Training Measure

A measure ensuring that a juvenile attends an educational institution, vocational training, or a workplace to gain job skills.

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Care Measure

A measure providing governmental or private care services to juveniles when their primary caregivers are unable to fulfill their duties.

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Health Measure

A measure ensuring necessary medical care and treatment for a juvenile's physical and psychological well-being, including addressing substance abuse issues.

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Shelter Measure

A measure providing suitable shelter for individuals with children who lack a home or pregnant women in danger.

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Emniyet Çocuk Şube

A police unit specializing in handling cases involving child victims.

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Çocuk İzlem Merkezi (ÇİM)

This is a confidential child interview center where forensic interviews are conducted with victims by specialized professionals in the presence of law enforcement and social workers.

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Mirrored Room

This is a forensic interview room equipped with video and audio recording equipment, allowing for a detailed and comprehensive recording of the child's statement.

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Open-Ended Questions

Asking questions that cannot be answered with a single word; encouraging detailed and spontaneous responses.

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Closed-Ended Questions

Questions that can be answered with a simple 'yes' or 'no' or other short answers.

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4W1H Questioning Technique

A type of question format used in sensitive interviews to gather information about an event. It includes five essential questions: What happened, how did it happen, where did it happen, when did it happen, and who was involved.

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Untainted Testimony

A child's initial account of an event is considered more reliable than later statements, possibly influenced by repeated questioning or suggestions.

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Empathetic Interview Approach

The interviewer's approach towards the interviewee should be empathetic, sincere, and respectful, establishing trust and a comfortable environment.

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Impartial Interviewer Role

The interviewer should avoid personal curiosity and filling in gaps in the narrative, focusing on the interviewee's account.

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Delayed Disclosure

Children often delay disclosing abuse due to fear, shame, or not understanding the situation.

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Prompt Information Gathering

The interviewer should prioritize obtaining essential information as soon as possible to prevent secondary trauma.

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Study Notes

Turkish Penal Code (Articles 278-280)

  • Failure to report an offense (Article 278): Failing to report a crime in progress can result in imprisonment up to one year.
  • Failure to report a committed offense (Article 278): Failing to report a committed crime where consequences can be limited, the penalty depends on the provisions of the aforementioned paragraph.
  • Offenses with vulnerable victims (Article 278): If a child, physically/mentally handicapped person, or pregnant woman is a victim, the penalty is increased by one half.
  • Failure by a public officer to report an offense (Article 279): Failing to report a crime requiring official investigation, or delaying the report, is punishable by imprisonment from six months to two years. Penalties will be doubled for judicial law enforcement officers.
  • Failure by a member of the medical profession to report an offense (Article 280): Failure to report evidence of a crime, or delaying reporting in the course of duty, will result in a penalty up to one year imprisonment. The term "member of the medical profession" includes various healthcare professionals.

Juvenile Protection Law (5395)

  • Purpose of the Law: Regulate procedures and principles for protecting juveniles needing protection or pushed into crime, securing their well-being and rights.
  • Provisions in the Law: Cover principles, procedures, and safety measures for both protected and criminal juveniles. Duties and capacities of juvenile courts are also outlined.
  • Definitions: Establishes legal definitions of "juvenile", "juvenile in need of protection", and "juvenile pushed to crime".
  • 3 Stages of Neglect/Abuse Cases: Reporting, Intervention, and Treatment/Rehabilitation.

Reporting in Turkey

  • Designated Reporting Agencies: Family and Social Services Ministry Regional Offices, Social Service Centers, Public Prosecutor Offices, Bar Associations, Child Rights Centers, Specialized Hotlines (e.g., Alo 183).
  • Law Enforcement Agencies: Police (155), Gendarmerie (156)
  • Other relevant agencies: Police/Gendarmerie, Youth Protection Department, etc.

Intervention in Turkey

  • Core Components: Child Advocacy Centers (CACs) have a multidisciplinary team approach to evaluating, investigating, and providing support for child sexual abuse – employing multiple specialists (law enforcement, forensic experts, medical professionals, social workers, etc.) and use child-friendly environments.
  • CAC Procedures: CACs offer a semi-structured, single-session, recorded interview process for gathering information in cases of potential or known child abuse.
  • CAC Services: Forensic examinations, psychological and social assessments/investigations, and treatment are core services offered within CACs.
  • Geographical spread: CACs are present in 67 Turkish cities.

Treatment in Turkey

  • Psycho-social Support: A support system for victims provided by Family and Social Service Ministry Regional Offices, Social Service Centers, Health and Education bureaus.
  • Protective and supportive measures: Measures include guidance, care, and resources for families to ensure appropriate placement and treatment for the child. These services include counselling, education, and health care to protect the child within their environment.
  • Measures, examples: Counselling, education, alternative care measures (foster homes, etc).
  • Specific measures for education, training, and care are given to those with specific needs, physical or otherwise.

Disclosure of Sexual Abuse in Turkey

  • Modes of Disclosure: Children might disclose abuse directly or indirectly.
  • Factors Affecting Disclosure: Children's disclosure is influenced by their development, family dynamics, and cultural norms.
  • Importance of Spontaneous Disclosure: Spontaneous disclosures are considered more reliable than statements obtained following repeated or leading questions.
  • Practices in dealing with delayed disclosures: Recognising, treating, and establishing trust with the child is crucial to avoid secondary trauma.

Managing the Disclosure Process in Turkey

  • Building Trust: The process requires empathy, sincerity, and positive regard of the interviewer/interviewer(s).
  • Creating a Safe Space: Conducting interviews in a quiet, neutral environment is key, with suitable physical distances.
  • Impartial Interviewer: Interviewers must avoid personal questions, curiosity, and bias.
  • Types of Questions: Open-ended, unbiased questions are preferable for accurate information. Closed-ended (yes/no) questions are suitable for certain cases.
  • Addressing Resistance: Interviewers are taught to handle difficult situations and not be persistent in the face of resistance but to allow for breaks.
  • Psychological First Aid: Procedures for supporting children after disclosure (calmness, no fault-finding, supportive statements).

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