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woman takes to proceed with any action on background to determine whether the alleged
reporting the incident makes the plaintiff crime is rape or sex with consent. The
less credible. relationship between the victims and the

Looking through another case, a suspects constitute an important element of
woman accused a man on raping her one the Courtûs decisions. Research shows that
day after another. Several days after the rape if the plaintiff and defendant have had an

incident, she revealed what happened to her intimate relationship, there is a tendency that
family. Her family asked the man to marry the court will rule it as a çsex with consenté

her but to no avail. Later, it became a case rather than rape.
in the court. 5 There was a case whereby the plaintiff
For this case, the Courtûs opinion was claimed she had been raped by a man. The

that it was too long a period for the plaintiff defendant however claimed that it was not a
to take action after the rape had happened rape but sex with consent. The story goes

and the familyûs marriage proposal was like this:
çdoubtfulé. Based on the Court çitûs doubtful The plaintiff went with her relatives
on the intention of the plaintiffé to consider to state fair. On the way back home, she

this case a rape case. Therefore, the court accompanied her ex-boyfriend and later
considers other evidences to support the claimed that she was raped twice and the
claim that it was consensual sex. man was using knife to force her.
45
Based on the Supreme Court çÇThe plaintiff did not go back
decisions, the length of time before victim home with her relative (and the relative
takes any action including telling another went back home earlier), and there was

person and report to the police is the no need for her to go with the defendant,
important factor. In other words, the faster this reflects that the plaintiff had a hidden

the victim reports the incident, the more agenda to go home with the defendant.
credible the testimony. On the contrary, Based on this, itûs doubtful to believe in
the longer the victim waits before reporting what the plaintiff had testified rather the

the incident, the less credible the testimony. incident was a consensual sex.é 6
This shows, in the opinion of the court,

c) Victimsû Background if there has been a consensual sex between
Past decisions also show that the the victim and the suspect, this tends to
court regularly uses rape victimsû personal repeat.

5
Supreme courtûs decision no. 2238/1984
6
Supreme courtûs decision no. 4465/1987

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