Sexual assault in Turkey

/in /by

The following are sexual offences against sexual inviolability in Turkey;

  1. Sexual assault (Art.102) (cinsel suçlar)
  2. Sexual abuse of children (Art.103) ( cocuklarin cinsel istismari)
  3. Sexual intercourse with the person who has not attained the lawful age (Art.104)
  4. Sexual harassment (Art.105) ( Cinsel Taciz)

Sexual Assualt

This is the infringement of a person’s physical morality by sexual conduct.

Penalty

Any person found guilty of this crime will be sentenced to imprisonment for a term of five to ten years. Where it is a case of molestation, the offender will be liable to imprisonment for a period of two to five years.

In a situation where such an act is committed by inserting an object into the body of the victim, such an offender will be liable to a punishment of not less than twelve years in prison. Note that the prosecution in the above situations is instigated upon complaint by the victim.

Where the act leads to the death of the victim or leaves the victim in a vegetative state, the penalty shall be that of life imprisonment.

Some occasions are considered aggravating. The penalties imposed here shall be increased by half. It is considered aggravating when the offence is committed;

  • against a person who is physically or mentally incapable of defending himself.
  • By misusing the influence derived from a position in public office or a private working relationship.
  • Against a person in a first, second, or third-degree blood relationship or a relative by marriage, stepdad, stepmom, step-siblings, or adoptive relations.
  • By using weapons or together with the cooperation of more than one person
  • By enjoying the convenience provided by the environment where the people have to live together.

Marital Rape

This is where the offender’s spouse is the victim of such sexual conduct. Here also, investigations and prosecution shall only commence upon the complaint of the victim in question. The court of cassation has held that sexual acts falling short of rape done without the requisite approval between the spouses is not an offence.

However, several Turkish lawyers do not support this interpretation of the court.

Note

The force which is commonly used in the commission of sexual assault does not invoke a separate punishment. Where it, however, leads to intentional injury, the provisions of the law with regards to intentional injury will apply.

Sexual Abuse of Children

Sexual abuse here means;

  • All kinds of sexual behaviour against children who are under the age of fifteen or against those who attained the age of fifteen but cannot understand the legal consequences of such actions.
  • Sexual behaviours committed against other children by force, threat, fraud or any other reason affecting willpower.

Penalty

An offender of such an act will be liable to imprisonment between eight to fifteen years. Where it is molestation only, the penalty will be imprisonment from three to eight years. If the victim is under the age of twelve, the term of imprisonment cannot be under ten and five years in the former and latter cases respectively.

Where an organ or object is inserted into the body of the victim, the offender shall be convicted for imprisonment of not less than sixteen years. The period of confinement cannot be eighteen years where the victim has not attained the age of twelve.

Note that the penalty of life imprisonment shall be imposed where

  • The violence used in the commission of the offence results in serious effects of intentional injury.
  • The offence leaves the victim in a vegetative state or dead.

The following circumstances are considered aggravated of which the penalties shall be increased by half.

Where the offence is committed;

  • Together with the cooperation of more than one person.
  • By enjoying the convenience provided by the environment where the people have to live together.
  • Against a person of first, second, third-degree blood relationship or a relative by marriage, adoptive relations or stepdad, stepmother or step-siblings.
  • By the guardian, tutor, instructor, custodial parents or those who provide healthcare or are under an obligation to protect, care or supervise.
  • By misusing the influence derived from a public office position or a private working relationship.

Art 103 goes ahead to provide for two additional circumstances considered aggravating but dependent on the age range of the child victim. They are:

  • If the crime is committed through the use of force or threat against children who are under the age of fifteen or against those who attained the age of fifteen but cannot understand the legal consequences of the act.
  • If the crime is committed by using a weapon against other children, namely those who attained the age of fifteen and have the ability to understand the legal consequences of the act. In these circumstances.

The penalty for the above circumstances shall be increased by half.

Sexual Intercourse With the Person Who Has Not Attained the Lawful Age

A person who has sexual intercourse with a child who has obtained the age of fifteen without force, threat or fraud is liable to imprisonment for a period of two to five years.

The offender will be sentenced to a period of ten to fifteen years in prison without complaint where ;

  • The offender is under the restraint of marriage with the victim.
  • The offence is committed by a person who takes care of the child to be adopted before the adoption.
  • The offender is a person who is under a legal obligation to protect, care and supervise the child within the scope of the foster family relationship.

Sexual Harassment

This sexual offence is quite different from the above mentioned sexual offences. Unlike the others which require physical contact, sexual harassment does not.

Penalty

Any person found guilty of this offence shall, upon the complaint of the victim, be sentenced to a period of three months to two years in prison or liable to pay a judicial fine.

If the victim of the sexual harassment is a child, the offender shall be sentenced to prison for a period of six months to three years.

Certain circumstances are considered aggravating and the penalties imposed shall be increased by half. They are where the offence is committed ;

  • By using influence derived from a public office position or a private working relationship or using the advantage of the intra-familial relationship
  • By the guardian, tutor, caregiver, instructor, custodial parents or by those who provide healthcare or are under the obligation to protect and supervise.
  • By using the advantage of working in the same workplace with the victim
  • By using the advantage provided by mail or electronic communication instruments.
  • By indecent exposure.

Note that if the victim of an act of sexual harassment was made to quit his/her job, or leave school or family, the punishment given shall not be less than one year.