What Is the Crime of Sexual Assault?
What is the Crime of Sexual Assault?
In this article, I would like to talk to you about 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 immunity 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 insertion of an organ or other object into the body, a sentence of imprisonment of not 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 duty, guardianship, or service relationship,
c) Against a person within the relationship of blood or affinity up to the third degree, or by a stepfather, stepmother, step-sibling, adopter, or adoptee,
d) With a weapon or jointly by more than one person,
e) By taking advantage of the convenience provided by environments where people are forced to live together collectively,
the penalties imposed according to the above paragraphs shall be increased by half.
(4) If the force 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) If the crime results in the victim entering a vegetative state or death, an aggravated life sentence shall be imposed.
The basic form of the crime of sexual assault consists of violating the bodily immunity of a person through sexual acts for the purpose of satisfying sexual desires, involving physical contact with their body.
The crime of sexual assault refers to an infringement that constitutes an unjust intervention in 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, depending on the degree to which the perpetrator violates the victim's bodily immunity:
Simple sexual assault is regulated in Article 102/1 of the TPC: Simple sexual assault is the violation of the victim's bodily immunity through sexual acts. This violation is 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, acts such as kissing someone without consent, 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 an aggravated element of the crime of sexual assault that requires a heavier penalty regarding the act. This form of the crime depends on the act being committed by the insertion of an "organ" or "other object" into the body. In the old TPC No. 765, this crime was regulated under the title of "rape."
If this act is committed against a spouse, the investigation and prosecution are subject to the victim's complaint.
The aggravated circumstances of the crime of sexual assault that require 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 duty, guardianship, or service relationship,
Against a person within the relationship of blood or affinity up to the third degree, or by a stepfather, stepmother, step-sibling, adopter, or adoptee,
With a weapon or jointly by more than one person,
By taking advantage of the convenience provided by environments where people are forced to live together collectively,
the penalties imposed are increased by half.
I hope that you will never encounter the type of crime I have tried to summarize above, neither as a perpetrator nor as a victim, and I would like to remind you that if you see/hear this type of crime as an eyewitness, you must report it to law enforcement as a civic duty. Wishing you healthy and peaceful days.