What Is the Crime of Sexual Assault?
The crime of sexual assault is regulated in Article 102 of the Turkish Penal Code.
Sexual assault
(1) A person who violates the bodily integrity of another person through sexual acts shall be sentenced to imprisonment from five to ten years upon the complaint of the victim. If the sexual act remains at the level of molestation, a sentence of imprisonment from two to five years shall be imposed.
(2) In cases where the act is committed by the penetration of the body with an organ or other object, a sentence of imprisonment of no less than twelve years shall be imposed. If this act is committed against a spouse, the investigation and prosecution are subject to the victim's complaint.
(3) If the crime is committed;
a) Against a person who is unable to defend themselves physically or mentally,
b) By abusing the influence provided by a public office, guardianship, or service relationship,
c) Against a person related by blood or marriage up to and including the third degree, or by a stepfather, stepmother, stepbrother/stepsister, adopter, or adoptee,
d) With a weapon or collectively by more than one person,
e) By taking advantage of the convenience provided by environments where people are forced to live together collectively,
the sentences given according to the above paragraphs shall be increased by half.
(4) If the coercion and violence used for the sexual assault result in the severe consequences of the crime of intentional injury, the provisions regarding the crime of intentional injury shall also be applied.
(5) In the event that the victim enters a vegetative state or dies as a result of the crime, an aggravated life sentence shall be imposed.
The basic form of the crime of sexual assault is constituted by the violation of a person's bodily integrity through sexual acts with the intent to satisfy sexual desires, involving physical contact with their body.
The crime of sexual assault represents an unlawful interference with the victim's sexual immunity, occurring against their consent and will. If there is consent, the crime of sexual assault does not occur.
The crime of sexual assault is divided into two categories based on the degree of violation of the victim's bodily integrity:
Simple sexual assault; is regulated in Article 102/1 of the TPC: Simple sexual assault is the violation of the victim's bodily integrity through sexual acts. This violation involves contact with the victim's body that does not reach the level of sexual intercourse.
The mildest form of simple sexual assault is also defined as “molestation”. For example, behaviors such as kissing a person without their consent, making physical contact, or groping are considered simple sexual assault by way of molestation.
Aggravated sexual assault; is regulated in Article 102/2 of the TPC: Aggravated sexual assault is also defined as “rape”.
Article 102/2 of the TPC regulates a qualified element of the sexual assault crime that requires a heavier penalty regarding the act. The realization of this form of the crime depends on the act being committed by the penetration of the body with an “organ” or “other object”. In the former Turkish Penal Code No. 765, this crime was regulated under the title “rape”.
If this act is committed against a spouse, the investigation and prosecution are subject to the victim's complaint.
The qualified circumstances of the sexual assault crime requiring a heavier penalty are as follows;
If the crime is committed;
-Against a person who is unable to defend themselves physically or mentally,
-By abusing the influence provided by a public office, guardianship, or service relationship,
-Against a person related by blood or marriage up to and including the third degree, or by a stepfather, stepmother, stepbrother/stepsister, adopter, or adoptee,
-With a weapon or collectively by more than one person,
-By taking advantage of the convenience provided by environments where people are forced to live together collectively,
the sentences imposed are increased by half.