Material evidence in criminal procedure and proof in sexual assault crimes

Aim: In our study, it was aimed to reveal the effect proof of material evidence in the context of higher judicial decisions in sexual assault crimes in Criminal Procedure. In criminal procedure, the criteria for teaching about type, characteristics and the effect on proof of material evidence and higher judicial decisions were determined. In the higher judicial decisions examined, it was aimed to give information about what the effect and contribution of material evidence on proof in sexual assault crimes are. Material and Method: The effect of material evidence on proof was examined in the proceedings regarding sexual assault crimes. In the criminal procedure, it was analyzed whether the principles dominating the evidence show deviations from the general principles in terms of sexual assault crimes. 10 high judicial decisions that have no material evidence or material evidence on sexual assault crimes were examined in terms of proof. Results: Examining 10 cases which were subject to the decisions of the Supreme Court Criminal General Assembly between the years 2005-2019, it was found that there were deviations from the proof rules that dominated the criminal procedure in these cases, when the effect of material evidence on proof in sexual assault crimes was examined. Proof of sexual assault crimes is very difficult compared to other crimes. These crimes generally occur among people who know each other and eyewitnesses are not usually. Since the complaint about this crime is mostly made long after the incident, it causes the loss of material evidence. Apart from such reasons, it arises from the unconscious attitudes and behaviors of the victim, relatives of the victims, law enforcement officers and persons in the forensic examination process. In these circumstances, the proof should not harm the presumption of innocence in sexual assault crimes. Conclusion: That if a guilty person is unpunished rather than punishing an innocent person is clear to serve the presumption of innocence better. The effect of material evidence on proof in sexual assault crimes is a multidimensional subject that must be eliminated and touched frequently in criminal proceedings. Victims of sexual assault, relatives of victims and other subjects participating in the trial will be a guide on the valuation of evidence, what evidence can be in a crime, the sensitivity that should be shown in collecting the evidence primarily to protect the rights of innocents, on the other hand, in order to prevent the crime committed without impunity. Key words: Criminal trial, material evidence, sexual sssault, proof, forensic science