Sexual Abuse Offense

WHAT IS THE CRIME OF SEXUAL ABUSE?

The crime of sexual abuse; 103 of the Turkish Criminal Code No. 5237. it is stated in the article. To have physical contact with the child’s body and to exhibit sexual behaviors accordingly is a crime of sexual abuse.

When the crime of child sexual abuse is assessed as age, it should be evaluated in the form of three different age categories. The first of these are children who have not yet completed the age of 15. The other is the children who have completed the age of 15, have not yet completed the age of 18, but have not yet been able to perceive the legal meaning and consequences of the act committed against them. The third is the abuse of children between the ages of 15 and 18 by algebra, threats, Decoys or any other situation that may affect their will.

WHAT IS THE PUNISHMENT FOR THE CRIME OF SIMPLE SEXUAL ABUSE OF CHILDREN?

The punishments for simple sexual abuse are as follows:

103 of the Turkish Criminal Code. according to the first sentence in the article; if a person sexually abuses a child, this person is punished with a prison sentence of 8 years to 15 years.
According to the second sentence of the same article; If a sexual abuse that has remained at the level of harassment is applied to children, in this case, a prison sentence of 3 to 8 years is imposed.
according to the third sentence of the article, if a child who has not completed the age of 12 is subjected to simple sexual abuse, the sentence to be imposed in this case should be at least 10 years. If he remains at the level of harassment, it is not possible to impose a sentence of less than 5 years.
If a child is molested by another child, a complaint from the victim, his guardian or guardian is required for investigation and prosecution.

IN WHICH CASES IS THE PUNISHMENT FOR THE CRIME OF SIMPLE SEXUAL ABUSE INCREASED?

The cases in which the simple crime of sexual abuse requires further punishment are listed below:

When more than one person abuses a child together,
In case of abuse of the Decency provided by the environments where people have to live together collectively,
In the event that the child has been abused by a stepmother, stepfather, stepbrother, adoptee, or those with whom he is related by blood, including in the third degree,
In the event that a person who has an obligation to protect, care for and look after the abused person commits this crime,
In the case of abuse of a child by abusing the influence provided by public office or service relationship, it is envisaged to increase the punishment to be given to the accused by half.

WHAT IS THE PUNISHMENT IF THE SEXUAL ABUSE OF CHILDREN RESULTS IN INJURY OR DEATH?

The penalties imposed as a result of intentional wounding, entering the victim’s vegetative state, and the death of the abused child are as follows:

According to Article 103/5 of the Turkish Criminal Code, if severe consequences of the crime of intentionally injuring the victim occur as a result of the algebra and violence applied for sexual abuse, the accused will be punished in accordance with the provisions on the crime of intentional wounding, as well as the crime of sexual abuse.
In the event that the person who has been sexually abused enters a vegetative state or dies, according to the Turkish Criminal Code 103/6, the defendant is sentenced to aggravated life imprisonment.
WHAT IS THE CRIME OF QUALIFIED SEXUAL ABUSE OF A CHILD?
Qualified sexual abuse of a child is defined in Article 103/2 of the Turkish Criminal Code. In case of committing an act of abuse by inserting an organ or other object into the child’s body, the accused is sentenced to a prison sentence of not less than 16 years. If the person who is subjected to qualified sexual abuse is under the age of 12, the prison sentence to be imposed by the court will not be less than 18 years.

In order for sexual abuse to be considered qualified, it is necessary to insert an anal, vaginal or oral body or organ into the body. At this point, it does not matter whether the goal is the satisfaction of sexual desire or not. Regardless of the purpose, if other objects or organs are inserted into the child’s body; qualified sexual abuse is considered a crime.

WHAT ARE THE CIRCUMSTANCES THAT INCREASE THE PUNISHMENT FOR QUALIFIED SEXUAL ABUSE OF A CHILD?

The cases that increase the punishment of those who apply qualified sexual abuse to a child are given below:

When more than one person abuses a child together,
In case of abuse of the Decency provided by the environments where people have to live together collectively,
In the event that the child has been abused by a stepmother, stepfather, stepbrother, adoptee, or those with whom he is related by blood, including in the third degree,
In the event that a person who has an obligation to protect, care for and look after the abused person commits this crime,
In the case of abuse of a child by abusing the influence provided by public office or service relationship, it is envisaged to increase the punishment to be given to the accused by half.
IF THE CRIME OF QUALIFIED SEXUAL ABUSE RESULTS IN INJURY OR DEATH, WHAT IS THE PUNISHMENT GIVEN?
In case of severe consequences of qualified sexual abuse crime; according to the result of the abuse, TCK article 103/4-5-6 the penalties to be applied according to the are specified. Accordingly, if a crime of algebra and threats is committed against a child with tools such as guns, knives, sticks; in this case, the punishment that the abuser will receive increases by half.

According to Article 103/5 of the Turkish Criminal Code, if severe consequences of the crime of intentionally injuring the victim occur as a result of algebra and violence applied for qualified sexual abuse, the accused will be punished in accordance with the provisions on the crime of intentional wounding, as well as the crime of sexual abuse.

In the event that the person who has been subjected to qualified sexual abuse enters a vegetative state or dies, according to the Turkish Criminal Code 103/6, the defendant is sentenced to aggravated life imprisonment.

IS IT POSSIBLE TO CHANGE THE JUDICIAL FINE FOR SEXUAL ABUSE CRIMES, POSTPONE IT AND POSTPONE THE ANNOUNCEMENT OF THE VERDICT?

It is not possible to postpone or mitigate the crimes of sexual abuse. Due to the amount of imprisonment, it is not possible to convert the crime of a person who commits a crime of sexual abuse into a judicial fine. Since the crime of sexual abuse is not a crime that can lead to a result within a certain supervision period, and due to the amount of the prison sentence imposed, it is not possible to delay the announcement of the verdict. It is also not possible to postpone child abuse sentences.

WHAT IS THE NEED TO KNOW ABOUT THE COMPLAINT PERIOD OF SEXUAL ABUSE CRIME?

They will be known for the complaint and time-out period of the sexual abuse offense as follows:

There is no compromise for the crime of sexual abuse. Simple or qualified sexual abuse or harassment does not notice the crime. The settlement provisions are not applied.
If the crime committed is harassment, in this case, when the perpetrator is also underage, the investigation is not opened without the complaint of the victim’s guardian. The complaint period is 6 months. Even if a lawsuit has been filed in this process, it is possible to abandon the complaint.
The crime of simple or qualified sexual abuse is not one of the crimes related to the complaint.
The statute of limitations on litigation for sexual abuse offenses is 15 years. It is possible that investigations and prosecutions can be carried out during this time.

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