Sexual assault in Turkey

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Sexual Offences in Turkey: Legal Provisions and Penalties

Sexual offences in Turkey are governed by the Turkish Penal Code and categorized based on the severity of the act, the age of the victim, and aggravating circumstances. The laws aim to protect individuals from sexual violence and impose strict penalties on offenders.

1. Sexual Assault (Article 102 of Turkish Penal Code)

Sexual assault refers to the violation of an individual’s physical integrity through sexual conduct.

Penalties for Sexual Assault

  • The standard punishment for sexual assault is imprisonment for 5 to 10 years.
  • If the act involves molestation, the penalty is reduced to 2 to 5 years.
  • If an object or organ is inserted into the victim’s body, the minimum sentence is 12 years.
  • If the assault results in the death or a vegetative state of the victim, the offender faces life imprisonment.

Aggravating Circumstances

The punishment increases by 50% if the crime is committed:

  • Against someone who cannot physically or mentally defend themselves.
  • By abusing a public office or a work relationship.
  • Against a close family member (first, second, or third-degree relatives).
  • By using a weapon or acting with multiple offenders.
  • In an environment where the victim is forced to live with the offender (e.g., dormitories, prisons).

2. Marital Rape

In Turkey, marital rape is only prosecuted upon the complaint of the victim. While the Court of Cassation has ruled that sexual acts between spouses without mutual consent do not constitute an offence, many Turkish legal professionals criticize this interpretation.

3. Sexual Abuse of Children (Article 103 of Turkish Penal Code)

Sexual abuse of children includes:

  • Any sexual act against a child under 15 years old or against children over 15 who cannot understand the legal consequences.
  • Sexual acts against other children (15 and above) through force, threat, or deception.

Penalties for Sexual Abuse of Children

  • Standard offence: 8 to 15 years of imprisonment.
  • Molestation: 3 to 8 years of imprisonment.
  • If the victim is under 12 years old, the sentence cannot be lower than 10 years for standard offences and 5 years for molestation.
  • If an organ or object is inserted into the child’s body, the minimum penalty is 16 years, and 18 years if the victim is under 12.
  • If the offence leads to death or a vegetative state, the offender faces life imprisonment.

Aggravating Circumstances

The punishment increases by 50% if the crime is committed:

  • By multiple offenders.
  • In shared living environments (orphanages, dormitories).
  • Against family members or step-relatives.
  • By individuals responsible for the child’s protection (guardians, teachers, doctors).
  • By abusing power from public office or employment.

4. Sexual Intercourse with a Minor (Article 104 of Turkish Penal Code)

This offence applies to sexual relations with minors aged 15 and above when there is no use of force, threat, or deception.

Penalties

  • The offender is imprisoned for 2 to 5 years.
  • If the offender is married to the minor, a 10 to 15-year sentence applies.
  • If the offender is a legal guardian, adoptive parent, or foster parent, a 10 to 15-year sentence applies.

5. Sexual Harassment (Article 105 of Turkish Penal Code)

Unlike other sexual crimes, sexual harassment does not require physical contact.

Penalties for Sexual Harassment

  • 3 months to 2 years of imprisonment or a judicial fine (upon complaint of the victim).
  • If the victim is a child, the punishment is 6 months to 3 years of imprisonment.

Aggravating Circumstances

The penalty increases by 50% if:

  • The offender abuses a public office or a work relationship.
  • The offence is committed by a teacher, doctor, guardian, or employer.
  • The victim is harassed at their workplace.
  • The offender uses mail, electronic communication, or indecent exposure.
  • The victim quits their job, school, or leaves their family due to harassment (minimum 1-year sentence).

Legal Protections and Rights for Victims in Turkey

Victims of sexual crimes in Turkey have the right to file a criminal complaint, seek protective measures, and pursue civil compensation claims.

  • Sexual offences involving minors are prosecuted automatically.
  • Adult victims must file a complaint for prosecution to begin.
  • Victims can seek restraining orders and police protection.

If you or someone you know has experienced sexual violence in Turkey, seeking legal assistance is strongly advised.