What Are the Differences Between the Crimes of Sexual Harassment and Sexual Assault?
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 frequently confused by non-legal professionals. The first is the crime of sexual harassment, and the second is the crime of sexual assault. Both types of crimes are regulated under the title "Crimes Against Sexual Immunity" in the Turkish Penal Code, and the commission of either crime carries very serious penalties.
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 person shall, upon the complaint of the victim, be sentenced to imprisonment from three months to two years or a judicial fine; if the act is committed against a child, a sentence of imprisonment from 6 months to 3 years shall be imposed.
(2) If these acts are committed by abusing the influence arising from a hierarchy, service, or education and training relationship, or from an intra-family 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 the victim has been forced to leave their job, school, or family due to this act, the penalty to be imposed shall not 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, upon the complaint of the victim, be sentenced to imprisonment from five to ten years. 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 inserting an organ or other object into the body, 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 complaint of the victim.
(3) The penalties imposed according to the above paragraphs shall be increased by half 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 third degree of blood or affinity relationship; by a stepfather, stepmother, step-sibling, adopter, or adoptee; with 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.
(4) If the force and violence used for 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 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 behavior. Sexual behavior refers to actions performed by making contact with the victim's body aimed at the satisfaction of sexual desires. As can be understood from the term "assault," it signifies 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.
In the crime of sexual harassment, the act prohibited by the legislator is to harass someone for sexual purposes. The dictionary meaning of the word "harass" is to bother, annoy, cause discomfort, or unsettle someone. 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 constitute a violation of the victim's bodily integrity. For example: catcalling the victim with sexual content, calling the victim on the phone and making sexually explicit conversations, offering sexual relations via letter, exposing sexual organs through hand and arm gestures, or the perpetrator singing songs or folk songs to the victim with feelings of lust.
I hope that you never encounter these two types of crimes, which I have tried to summarize the differences between above, either as a perpetrator or a victim, and I would like to remind you that if you see/hear these types of crimes as an eyewitness, you must report them to law enforcement as a civic duty. Wishing you healthy and peaceful days.