30 May Claim For Non-pecuniary Compensation From The Victim’s Parents For Sexual Assault
T.C. Supreme Court 4. Department of law E. 2015/6894, K. 2015/7301, T. 03.06.2015
* A claim for moral compensation by the parents of the victim for sexual assault ( where the act of sexual harassment is carried out by force – when the action of the defendant is not consensual, the claimants will constitute an attack on the rights of the mother and the father)/the defendant will be held liable with compensation )
* The claim for moral compensation of the mother and father (considering that the act of sexual harassment against her children is not consensual, it would constitute an attack on the rights of the plaintiffs mother and father-the defendant should be held liable with compensation)
* Moral compensation for assault on personal rights (request for Moral compensation of the parents of the victim who has been sexually assaulted – acceptance of the case that the act of sexual harassment is carried out by force is not consensual )
6098 / m. 58
Summary: the case relates to a claim for non-pecuniary damages based on an act of sexual assault.
The act of sexual harassment is alleged to have taken place by force. Considering that the action of the defendant is not based on consent, the plaintiffs must be held liable for compensation by the defendant in respect of the aforementioned plaintiffs by adopting that it will constitute an attack on the rights of the person from the point of view of the father and mother. The denial of the request from the plaintiff’s mother and father is not correct.
Lawsuit: plaintiffs H. and others by his deputy, defendant M. at the end of the trial by the court on the request of moral compensation based on the tort of sexual assault with the petition against 01/03/2012, the decision of 04/12/2014 on the partial acceptance of the case was reviewed by the Court of Cassation and after the decision was made to accept the appeal petition, the report prepared by the:
Decision : 1 -) according to the writings in the file, the evidence on which the decision is based and the reasons required in accordance with the law, especially in the evaluation of the evidence, the plaintiffs ‘ appeals that are outside the scope of the following paragraph should be rejected.
2 -) as for the other appellate appeals of the plaintiffs;
The case relates to a claim for moral compensation based on an act of sexual assault. The court decided to accept the case in part; the verdict was appealed by the plaintiffs.
From the scope of the dossier, it is understood that the requests of the parents and siblings from the plaintiffs were dismissed on the grounds that they were not the direct beneficiaries of the tort.
The defendant is one of the plaintiffs.he is alleged to have carried out an act of sexual harassment against her. In this case, when the defendant’s action is not consensual, the plaintiffs are father H., anne S. the defendant must be held liable with compensation in respect of the aforementioned claimants by adopting that it will constitute an attack on the rights of the person. The rejection of the request by the plaintiff mother and father in the court was not seen correctly and required annulment.
Conclusion: it was decided unanimously on 03.06.2015 that the Appeal decision was overturned due to the reasons described in Paragraph (2) above; other appeals were rejected due to the reasons described in the first paragraph and the fee received in advance was returned upon request.
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