Crimes against sexual immunity are covered in section six of the Turkish Penal Code. This is of course stated in this way on the grounds that the legislator adopted a view towards the impunity of Human Rights-based persons. Is that really how it is? The answer is a debate that is more about crime and politics. In this article, we have previously written about sexual offences covered in the Turkish Penal Code. In this article, we wanted to write a compilation paper on lawyers working in the field of sexual offences, which covers all sexual offences. In our practice, we need to emphasize this by expressing that the crimes against sexual immunity should not be touched on the body integrity, personality rights, dignity, dignity and dignity of persons based on sexual liberties. The place where the crime is organized allows us to determine the legal benefit of the crime. It is a question of why crimes are regulated, or why they take place in the special Penal Code or sections of the laws containing the penal provisions. Because the legislator wants to preserve a certain legal value. And because this legal value cannot be protected in other areas of law, we are protecting this area with the criminal law establishment.

What Is Sexual Immunity?

It means that the person does not want to be touched by himself, his body, his sexual freedom. It refers to the right to live his sexual freedom as he wishes. This is one of the most fundamental of the rights of personality that is related to the development of personality.

4 Main Articles On Sexual Immunity

Offences relating to sexual immunity consisted of 4 Main articles. These are regulated as crimes in the old law. Sexual harassment is a separate species.

What Does A Crime Mean ?

In the types of crimes we deal with, a distinction has been made in terms of victims. Turkish Penal Code 102. in his article, he referred to it as sexual assault against adults. 103. in its article, it has regulated cases in which it refers to the sexual abuse of children and only the victim is a child. 104. in the case of an offence of sexual intercourse with a minor, the provision regarding sexual immunity taking into account a child of a certain age group was included in the article.

What Are Sexual Offences ?

First, we need to examine what sexual offences are regulated by our criminal code. Is it sexual harassment because of the crime that people often commit? sexual abuse is? or child sexual abuse? It can happen in such complexity as what I’m accused of.

The Crime Of Sexual Assault ( T.C.K. 102/1 sentence )
The Crime Of Groping ( T.C.K. 102/2 sentence )
Crime Of Rape ( T.C.K. 102/2. paragraph )
Qualified Sexual Assault Offense ( T.C.K 102/3.paragraph )
The Crime Of Child Sexual Abuse ( T.C.K 103/1.paragraph 1.sentence )
Molestation The Crime Of Child Sexual Abuse ( T.C.K. 103/1.paragraph 2.sentence )
The Crime Of Rape The Crime Of Child Sexual Abuse ( T.C.K. 103/2.paragraph )
The Offence Of Qualified Sexual Abuse Of A Child ( T.C.K. 103/3. paragraph )
Felony Sexual Intercourse With A Minor ( T.C.K. One hundred four )
Sexual Harassment Crime (T.C.K. 105/1.paragraph )
Qualified Sexual Harassment Offense ( T.C.K. 105/2.paragraph )

it can be ranked as. For details of the articles related to these crimes, you can search the search section of the menu of our site for related articles. In medical science, the first diagnosis of the disease should be made correctly, while in our criminal law, the first diagnosis of the crime committed or what the alleged crime or the crime exposed to make a correct diagnosis will be the first work of the criminal lawyer and sexual crimes lawyer.

Sexual Harassment ( T.C.K 105 )

The major feature that distinguishes this type of crime from other types of crime is contact. The application of the crimes separately in this way is an appropriate choice in terms of the principle of the determination of the crimes. Sexual harassment only visually refers to acts that violate the victim’s sexual freedom, sexual immunity. The offence of sexual harassment will occur no matter what the extent of the act is done without contact with the victim.

Sexual Offences Lawyer

There is no technical term in our law, such as a sexual offences lawyer. However, in practice, as a criminal lawyer, lawyers who have chosen their own area of interest, especially in serious criminal cases, often face sexual offences at the beginning of the cases. Lawyers who look at cases involving sexual offences by people use a term such as a felony criminal lawyer or a sexual offences lawyer. No lawyer for himself would make such an accusation and enter into such patterns.

Sexual Offences Lawyer’s Role

The role of a criminal lawyer is enormous in sexual offences, especially in child sexual abuse offences. It is very important for the child to be referred to the hospital for the medical and psychological impact of these cases when they reach themselves from the beginning. In addition, a medical report for the child may be evidence in the case. If the victim is a child or adult, not only in this aspect, but also in the physical sense, the possibility that there may be a trace of dna on the victim should be evaluated.

Handling of sexual offences by minting

Sexual offences can be proven by ecchymoses found on the victim if they are carried out by force of assault. If a person has ecchymoses that are purple, red and yellow on them, it may be evidence that the person has faced constant assault or even torture. If the crime of sexual assault and sexual abuse along with the crime of torture has been committed, this will change the course of the criminal case considerably in terms of aggravating motive.

Evidence In Sexual Offences

The biggest problem with sexual crimes is the problem of evidence. This is because all sexual offences, including sexual assault and sexual abuse, are hard to prove in terms of taking place in private confined spaces. Many of the crimes remain hidden, with the reasons for wanting to prevent the disclosure of the crimes due to the breakdown of the family order. Forensic cases are increasing, but these crimes are very small in reality. However, as mentioned above, evidence of a crime committed in the heat of the heat is very important for the trial process, both spiritually and physically.

Slander In Sexual Offences

Sexual crimes, especially sexual assault, slander, sexual abuse, such as libel often find answers to people’s calls in these matters, except for the crimes actually experienced in the libel process is a lot of cases. In the case of sexual intercourse with a minor, there are also people who have been slandered in order to marry later, or who have resorted to such methods under the pressure of their families. In the case of an indictment, even his own family does not believe, and while the presumption of innocence is left aside and their trial continues in detention, they suffer a social death for a crime they did not commit. Because of this, he was out of his job, unable to pay his loans, and their reputation was shaken. Although the cases of child sexual abuse are usually conducted within confidentiality decisions, unfortunately, they are not sufficient. The situation of the statements and the psychological situations experienced in the case process are usually revealed by the judges and criminal lawyers in the case after the elimination of contradictions is important.

The Crime Of Sexual Assault ( T.C.K. 102/1 sentence )

A person who violates a person’s body immunity by sexual conduct is sentenced to five to ten years in prison, according to the complaint of the victim. It is composed of the victim of crime being committed against adults who are not children.

The Crime Of Groping ( T.C.K. 102/2 sentence )

If sexual behaviour remains at the level of groping, a prison sentence of two to five years is imposed. In the decisions of the Supreme Court, many actions have been considered to take place at the level of groping. For this reason, determining the exact crime committed is very important for the person to be tried without arrest or to receive a lesser sentence.

Crime Of Rape ( T.C.K. 102/2. paragraph )

If the act is performed by inserting an organ or other body into the body, the sentence shall be not less than twelve years in prison. If this act is committed against the spouse, the investigation and prosecution depends on the complaint of the victim.

Qualified Sexual Assault Offense ( T.C.K 102/3.paragraph )

When elements of a qualified sexual assault offence take place, it is decided to increase the sentence on the perpetrator by half.

The Crime Of Child Sexual Abuse ( T.C.K 103/1.paragraph 1.sentence )

The person who sexually abuses the child shall be sentenced to eight years to fifteen years in prison. If the victim has not completed the age of twelve, the penalty shall not be less than ten years in the case of abuse.

Molestation The Crime Of Child Sexual Abuse ( T.C.K. 103/1.paragraph 2.sentence )

If sexual abuse remains at the level of groping, a sentence of three to eight years in prison will be imposed. If the victim is not past the age of twelve, the penalty shall not be less than five years in the case of groping.

The Crime Of Rape The Crime Of Child Sexual Abuse ( T.C.K. 103/2.paragraph )

If sexual abuse is carried out by inserting an organ or other body into the body, the sentence shall be not less than sixteen years in prison. If the victim is not past the age of twelve, the sentence cannot be less than eighteen years.

The Offence Of Qualified Sexual Abuse Of A Child ( T.C.K. 103/3. paragraph )

In the case of qualified sexual abuse of the child, the penalty to be given to the perpetrator shall be increased by half.

Felony Sexual Intercourse With A Minor ( T.C.K. 104/1 )

The person who has had sexual intercourse with a child who has reached the age of fifteen, without algebra, threats or cheating, shall be sentenced to imprisonment from two to five years, according to the complaint.

Sexual Harassment Crime (T.C.K. 105/1.paragraph )

It is a type of crime that is the equivalent of a crime known as public disbelief. Sexual harassment can occur in other ways, not just by throwing words. It’s one of the best-known crime types. It’s one of the types of crime that can be committed even with social media.

Qualified Sexual Harassment Offense ( T.C.K. 105/2.paragraph )

Aggravated forms of qualified sexual harassment have been enshrined in the law.

Sexual Offences Statute Of Limitations

The statute of limitations for sexual offences vary for each offence listed above. You can reach the statute of limitations for the related crime during the searches through the menu.

Sexual Offences Reconciliation

There is no way to reconcile sexual offences.

Testimony for Sexual Offences

Although sexual offences are a troubling case in terms of evidence, most trials involve convict trials without regard to the presumption of innocence. For this reason, it is very important to continue the expression and trial phase with counsel from the beginning of the trial.

Sexual Offences Lawyer’s Fee

According to the advisory fee table published by the Istanbul Bar Association for lawyers ‘ fees for sexual offences for 2019 ;

Defendant’s defense attorney fee for sexual abuse cases — > 12.200-TL
Attorney fee for victim/participating attorney for sexual abuse crime cases — > 9.000-TL
Defendant defense attorney fee for sexual harassment cases — > 8,500-TL
Attorney’s fees for sexual harassment cases — > 6,200-TL
Defense of accused for assault attorney fee — > 8,500-TL
Attorney fee for victim of molestation — > 6,200-TL