What Are the Differences Between the Crimes of Sexual Harassment and Sexual Assault?
In this article, I would like to discuss two types of crimes that are very often confused with each other by non-lawyers. The first of these is the crime of sexual harassment, and the second is the crime of sexual assault. Both types of crimes are regulated under the title of "Crimes Against Sexual Immunity" in the Turkish Penal Code, and both carry very serious sanctions if committed.
The crime of sexual harassment is regulated in Article 105 of the 6th section titled "Crimes Against Sexual Immunity" under the second part titled "Crimes Against Individuals" of the second book of the Turkish Penal Code. It states: "(1) A person who sexually harasses another for sexual purposes shall be sentenced to imprisonment from three months to two years or a judicial fine upon the complaint of the victim; if the act is committed against a child, the sentence shall be imprisonment from 6 months to 3 years.
(2) If these acts are committed by abusing the influence arising from a hierarchy, service or education and training relationship, or a domestic relationship, or by taking advantage of the convenience provided by working in the same workplace, the penalty to be imposed according to the above paragraph shall be increased by half. If, due to this act, the victim has been forced to quit their job or leave their school or family, the penalty to be imposed cannot be less than 1 year.”
The crime of sexual assault is regulated in Article 102 of the 6th section titled "Crimes Against Sexual Immunity" under the second part titled "Crimes Against Individuals" of the second book of the Turkish Penal Code. The article states: "(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 an organ or other object into the body, the sentence shall be imprisonment for no less than twelve years. If this act is committed against a spouse, the investigation and prosecution are subject to the complaint of the victim.
(3) If the crime is committed against a person who is unable to defend themselves physically or mentally; by abusing the influence provided by public duty, guardianship, or a service relationship; against a person within the third degree of blood or affinity relationship; or by a stepfather, stepmother, step-sibling, adopter or adoptee; by means of a weapon or by more than one person together; or by taking advantage of the convenience provided by environments where people are forced to live together, the penalties imposed according to the above paragraphs shall be increased by half.
(4) If the force or violence used for sexual assault causes the serious 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 act sanctioned at the root of the crime of sexual assault is the violation of a person's bodily integrity through sexual acts. Sexual acts are actions performed by touching the victim's body and aimed at satisfying sexual desires. As the term assault suggests, it refers to a violation that constitutes an unjust interference with the victim's sexual freedom and occurs against their consent and will. For example: the perpetrator suddenly touching a victim walking on the street to satisfy their sexual desires, or the perpetrator satisfying their sexual desires by inserting an organ (such as a penis or hand) or an object (such as a baton, pen, or bottle) into the victim's body vaginally, anally, or orally.
The act prohibited by the legislator in the crime of sexual harassment is harassing someone for sexual purposes. The dictionary definition of the word harassment is to annoy someone, disturb their comfort, cause them trouble, or make them uneasy. The biggest difference between the crime of sexual harassment and the crime of sexual assault is that, in this type of crime, the perpetrator commits the crime by engaging in sexual behaviors that do not involve the violation of the victim's bodily integrity. For example: making sexual remarks to the victim, calling them on the phone to have sexually explicit conversations, sending letters with sexual proposals, exposing sexual organs through hand or arm gestures, or the perpetrator singing songs or folk songs to the victim with lust.
I hope you never encounter either of these two types of crimes, which I have tried to summarize the differences between above, neither as a perpetrator nor as a victim, and I would like to remind you that if you see or hear these types of crimes as an eyewitness, it is your civic duty to report them to law enforcement agencies. Wishing you healthy and peaceful days.