Rape suspect files suit after court acquits due to insufficient evidence

Location: Turkiye, Ankara
Date: September 6, 2023

Libel suit against Pelin Özkaptan for her outlet Gazete Karınca’s reporting on a rape trial, latest in a string of alleged abusers suing women journalists for defamation in Turkiye. The Coalition For Women In Journalism urges the prosecution to dismiss this case swiftly. Journalists have the right and duty to report on cases involving rape and sexual assault. Allowing defamation cases relating to the reporting of rape charges sends a damning signal to victims of sexual assault.

“It is astonishing to witness how the accused men respond to their acquittal by accusing journalists of 'insulting' them,” former editor of Gazete Karınca, Pelin Özkaptan tells CFWIJ.“In an environment where diverse perspectives are suppressed, I firmly believe that journalists should persist in fulfilling their role as the 'third eye'.”

Özkaptan faces defamation charges following the outlet’s reporting on the trial against Mehmet Ardıçoğlu, who was charged with raping 18-year-old Eda Nur Kaplan in Ankara. Ardıçoğlu filed a criminal complaint against news articles published in Gazete Karınca, claiming he was defamed. 

Eda Nur Kaplan accused Yusuf Güzelyurt and Mehmet Ardıçoğlu of sexual assault but tragically took her own life. The trial of Ardıçoğlu and Güzelyurt proceeded after Kaplan's suicide, and on May 13, 2022, they were acquitted of "aggravated sexual assault" due to insufficient evidence. The verdict caused public outrage and received widespread media coverage.

On September 6, 2023, Özkaptan visited Karaköy Police Station to provide a statement after the complaint was filed, in which she emphasized that the news articles focused solely on Eda Nur Kaplan's victimization and that there was no intention to insult or harm Ardıçoğlu.

When asked if she had received any requests for the removal or change of the news she published, Özkaptan stated no such requests had been received.

 “I unequivocally stand behind the news I published,” says the journalist, adding that mainstream media organizations also covered what they reported. She is unsure if similar complaints have been filed against them.

Özkaptan's lawyer, Gülizar Tuncer, stressed that the right to receive and disseminate news is protected by Turkish laws. 

"It is not possible to practice the journalism profession without taking freedom of expression as a foundation,"  Tuncer argued, requesting a decision stating that there is no need for prosecution against Özkaptan.

As for the next steps in the investigation, Özkaptan explained that the timing of the next hearing is uncertain. Once she provides her statement, the decision to pursue prosecution will be determined. However, given the circumstances in Turkiye, the outcome remains unpredictable.

Özkaptan draws attention to the rising number of incidents in Turkiye where people accused of harassment or rape are initiating legal actions against the journalists who report on their cases. She sees this as a consequence of the prevailing sense of impunity.

“While their crimes go unpunished or result in trivial sentences despite substantial evidence, journalists who bring these matters to the public's attention find themselves in the defendant's position,” explains Özkaptan. “It has become so easy for acquitted people to file lawsuits against us because they know they won’t be punished.”

CFWIJ has documented multiple legal harassment cases of Turkish women journalists who have reported on sexual abuse allegations and were subsequently charged with defamation by defendants. Pınar Gayıp was charged with "targeting a counter-terrorism official" for reporting on rape allegations made against an army sergeant. She was later acquitted of all charges. Bianet editor Evrim Kepenek also faced a defamation complaint from a man accused of child abuse, who claims she insulted and violated his privacy in her coverage of the abuse.

Özkaptan calls for solidarity among journalists facing similar challenges. She highlighted the need for support for all journalists, not just the well-known ones, as many colleagues are imprisoned for simply carrying out their professional duties.

“It is crucial for us to establish a network of solidarity among us. Otherwise, this pressure will only continue to escalate. There is no guarantee that we won't find ourselves in their position tomorrow,” she adds.

The Coalition For Women In Journalism is alarmed by the legal harassment of journalists reporting on sexual abuse or rape, an attempt to silence the voices of the victims of these terrible acts by targeting media outlets covering their stories. Özkaptan’s outlet reported on a trial that was in the public interest, adopting a gender-inclusive lens in line with Gazete Karınca’s editorial style and guidelines. Journalists must be free to report without fear of nuisance lawsuits. We urge the Ankara prosecutor to dismiss the case against Pelin Özkaptan and Gazete Karınca immediately.

The Coalition For Women In Journalism is a global organization of support for women journalists. The CFWIJ pioneered mentorship for mid-career women journalists across several countries around the world and is the first organization to focus on the status of free press for women journalists. We thoroughly document cases of any form of abuse against women in any part of the globe. Our system of individuals and organizations brings together the experience and mentorship necessary to help female career journalists navigate the industry. Our goal is to help develop a strong mechanism where women journalists can work safely and thrive.

If you have been harassed or abused in any way, and please report the incident by using the following form.