Crime Of Sexual Assault

Criminal offenses under the heading of 59 Crimes against Sexual Immunity .20 of the Turkish Criminal Code, the offenses of sexual abuse of children and sexual harassment offenses were amended with the articles 58, 59, 60 and 61 of the Law No 6545 dated 18.06.2014.

TCK m. Which constitutes the lightest version of crimes against sexual freedom. 105. “sexual harassment” crime. The offense of sexual harassment, the second part of the second book that regulates the special provisions of the TPC, entitled karşı Crimes Against Sexual Immunity ’in the second part of the second section of the crimes against persons and m. 105.

Article 102 Sexual assault and T.C.K 103 The offense of sexual abuse of children is contained in Article 77 / f of the Turkish Criminal Code in the category of crimes against humanity.

For the first time in Turkish law, the offence of sexual harassment in 1997 of the preliminary draft of the second book of the Turkish Penal Code, entitled crimes against society in the second part, crimes against sexual freedom and decency and ceremony in the sixth section, titled “The word throwing, molestation, sexual harassment, titled” m. In 317, it is stated as follows::
“Those who speak of women or men shall be sentenced to imprisonment from three months to six months, or to imprisonment from six million liras to ten million liras.
Men and women shall be sentenced to imprisonment from six months to two years.
If these acts take the form of sexual harassment of a person under the influence of the victim, the perpetrator’s punishment shall not be less than one year. The prosecution of the crimes mentioned in this article is subject to complaint.”

Following the recent amendments to the new Turkish Penal Code, such crimes aimed at protecting the individual’s sexual freedom foresee serious penalties and cause many problems in practice. The evidence of the crime has led to the different types of crimes in terms of the importance given to the victim, the characteristics of the crimes and the sense of conscience.

Concepts such as sexual liberty and immunity, ılmaz honor ve, ğin sexuality ı are very important for people because every human sees sexual freedom and immunity as an inseparable part of his personality and inseparable from his inner self. These concepts are so gentle and sensitive that they are very vulnerable to abuse by the victim and perpetrator. For this reason, it is organized in the category of crimes against humanity.
Turkish Penal Code m. The sexual harassment was considered as the crime of torture, which was carried out without any contact with the body. If there is contact with the body in this case verb TCK m. 102 sexual assault offense or TCK m. It constitutes the offense of sexual abuse in 103.
The victim’s arm caressing, kissing her cheek once, her body in the manner of sexual harassment in cases of sexuality is described as being described as TPY m. 105 is not considered as sexual harassment. Here it should be admitted that there is no more serious crime.
TCK m. In the case of sexual harassment, there should be no contact with the body; 105 applications can be found. A person walking on the road for the purpose of something to be said for martyrs, this one to be followed, this is a mustache for anyone to bend, hand gestures m. 105.

According to the Turkish Penal Code, as the examples show, the crime of sexual harassment, sexual assault or sexual abuse of children is punished according to the offense.

It has been argued that if the subjective judgments such as whether the victim is disturbed by the crime of sexual harassment, the boundaries of the crime will expand unpredictably and therefore the assessment of whether the behaviors are suitable for violating the sexual freedom of the victim should be objective. In this context, it should be determined whether a behavior will constitute sexual harassment by acting in accordance with the behavioral criteria suitable for violating sexual freedom.

With the amendments brought by Law No. 6545, it is unacceptable to convict the accused with the understanding that “no one will sue his honor” and see only the statement of the complainant enough for proof of sexual crimes in which severe penalties are foreseen. It is not fair to say that the alleged sexual abuse or assault crime has been proven with evidence that only one person or one person supports the other person or does not see the incident, but only by the testimony of the relatives based on the expression of the complainant, is proven with evidence that the alleged sexual abuse or assault crime has As a matter of fact, this should be one of the issues that should be avoided as the judge in the trials. prejudice..

Our criminal law accepted in our country and is organized in European human rights and also adopted, but implementation in the field, although there is some unevenness of innocence/presumption of innocence” and the guidelines of proof and principles of law that plaintiff violate the sheer reality of the truth which is incompatible with or not in some cases based on alleged side, and other sexual abuse and assault allegations unsupported by concrete evidence to accept the right of in many cases can lead to results contrary to truth and justice to the material.

The presence of sexual assault, sexual abuse or sexual harassment should not be accepted only by the victim and/or the testimony of a witness. Although the statements of the victim/victim are taken into account, they should be evaluated carefully because this crime is committed in secret and closed areas, but the principles and principles of Criminal Law trial should not be abandoned. It should not be forgotten that even a touch alleged to be sexual is the result of heavy price, and conversely, the victimization of a person whose sexual immunity is violated does not have a similar weight.

In order for sexual crimes to occur, the offender should not be looked at whether he / she satisfies his / her erotic desires, but the perpetrator should investigate whether he / she intends to satisfy his / her sexual desires.

Sexual abuse, sexual abuse of children , sexual assault , sexual intercourse with minors are faced with imprisonment sentences restricting freedom, and most cases are subject to detention without sexual harassment. Except sexual harassment lawsuits
Crimes Against Sexual immunity are charged with criminal courts. You can contact us about these cases. Please read the terms in our contact without contacting us.