Supreme Court of Appeals

Is the Proposition of Homosexual Intercourse an “Unjust Provocation?”

Elif Ceylan Özsoy, “Eşcinsel İlişki Teklif Etmek “Haksız Bir Fiil” midir?” (“Is the Proposition of Homosexual Intercourse an Unjust Provocation?”), bianet, 17 March 2009, http://bianet.org/biamag/bianet/113198-escinsel-iliski-teklif-etmek-haksiz-bir-fiil-midir

The judiciary in Turkey is, unfortunately, biased against homosexual and transsexual people who have been victimized or murdered. It is a position that essentially blames them and punishes them for existing and constituting an identity.

What hurts our feelings of justice in homosexual and transsexual murders is the fact that the perpetrators benefit from unjust provocation reductions. The defense, memorized by perpetrators, “he proposed homosexual intercourse, I lost it and killed him,” is typical; the court accepts this defense and gives a reduced sentence..

What are  the legal grounds to justify these reduced sentences? In this article, I will discuss the “Situations Affecting Crime” and the Unjust Provocation institution.

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